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18-22 APPEAL 32 MONOMOY ROAD
PLANNING.OFFICE Nov 0 `� REC'D �fi ' _ . ,%, RECEIVED sad`, _ _ tJ , TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 1 APPLICATION 0 o ;xs tr. Fee: $450.00 File. No. I.5—d2 co - Owner's name(s): Copley Monomoy,LLC,a Massachusetts Limited Liability Company Mailing address: 896 Beacon Street,Boston,MA 02215 Phone Number: Unkonwn E-Mail: Unknown Applicants:Jeff McDermott,Matthew Westfall,Stephen Ketchum,Deborah Landreth,Bob Landreth,Mark Wilmot Mailing Address: Anderson&Kreiger,c/o Nina Pickering Cook,50 Milk Street,21st Floor,Boston,MA 02109 Phone Number:_(617) 625-6536 E-Mail:_pickering@andersonkreiger.com Locus Address:_32 Monomoy Road Assessor's Map/Parcel: 54/242 Land Court Plan/Plan Book&Page/Plan File No.:Plan 14974-C,dated 8/1/1950,Lot 4 on Land Court Deed Reference/Certificate of Title: 149601/25823 Zoning District LUG-1 Uses on Lot-Commercial-Yes(describe)_Short-Term Rental Residential:Number of dwellings_1 Duplex Apartments Date of Structure(s): 2004 Building Permit Numbers: N/A Previous Zoning Board Application Numbers: N/A • 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: 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* 1 SIGNATURE: S1;A6Jutlf'v ���X� 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:JJ_Planning Board:_/J_Building Dept.:JJ_By:_ Fee deposited with Town Treasurer:JJ_By: Waiver requested: Granted:_/_/_Hearing notice posted with Town Cleric_ _/_Mailed:_/ /_ Hearing(s)held on:__/_/_Opened on:_/_/_ Continued to: / /_Withdrawn:_/ /_Decision Due By: /_/_ Made: / /_Filed w/Town Clerk: /_J_Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 325-7587 telephone 508-228-7298 facsimile Town and County of Nantucket, MA November 4, 2022 32 Monomoy Road Locus Plan 39 ,I + L----..„. 1. ----- II- .. • .• • ...... \\,....\\\\*•. :::.• '.:".. . 0M0Y CREPjr/r0---� �f �` \�: l� / ..• f ,€4"--i 3,:ti 0 . ., `tea r \ `p ! !r :, ,!4. 3le �l` 'I-, of K� \� �\ I N. d r Y�i 2D •Syr �� ` \ t �_J....-r'- } ram. 244 �, O • .: i -<-v--• ./ .yam`/ f/ .�`J ; C ,') � , 14 54lab `: f � 'p= '/ A. f✓ f! 54 243 54 r ..-^� ,�. - . . i \ °fir g . �\. ' . , .,,,_____,.3 LO o T c sa zla !,I N... ./:••:;•-. +�o�� �``�" •9 ,. '� ��e 54�147, 30 I `\` 54;2• °: • " \- 0 •-•-4,. ..:.`'.: ::• •••.: • I \\: / is\,..: 5432149 _ . .. . ,.. --\\ . . , r„.. ,....„.. , ..„ ,. ... .. •. -,.. .. --),>--- ---i. ‘.,,, 5.g zos .� „:7 ,is4122 °..• .. -,, , ., . , ' ' \ lit .. ti .ti:**--� liV ' • r:7----, a... , ., ,..„ \\ ,,, _, , . , , . ... . . . . i . .. . ,, . .., .., .., , _ ,. ... , , .. ,,,...:, L_ \,,,,,,, ..:. . • _.,. _____.....___, .. Q 54 23�,.^ 125.33268937347715,, / ft ..L i ...?... i__-,L,-z_ _f Property Information ...,r' f. Print map scale is approximate. Property ID 54242 ',yTr.`-..-_. ,. Location 32 MONOMOY RD It' Critical layout or measurement Owner COPLEY MONOMOY LLC � t4,j activities should not be done using this resource. MAP FOR REFERENCE ONLY NOTA 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 11/02/2022 Data updated Jan.2021 Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER 'Co pl ....Vi >i7 Y.Y1'Q"`f L L C MAILING ADDRESS % qeQ co n .5- veer 7 , 6a-=a PROPERTY LOCATION • '- M 01(1Q ThG.li ASSESSOR MAP/PARCEL S Q " 3`4Z- APPLICANT VAck.r..5or Kral e SEE ATTACHED PAGES • I certify that the foregoing is a list of 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,all as they appear on the most recent applicable tax list(M.G.L. c.40A, Section 11 Zoning Code Chapter 40A Section 139-2 ly gey Mary Haley, `Haley,Digital Sensiiorn Clderkb Mary , Senior Clerk, ,� Assessor's Office 'Date2022.11.02 09:09:36 : November 2, 2022 Assessors Office , fir -04 00 DATE ASSESSOR'S OFFICE Town of Nantucket WILMOT MARK S HOLDGATE DAWN E&MICHAEL K WILLET E CROSBY&WILLET AUGUSTA W 33-35 MONOMOY RD PO BOX 869 TR NANTUCKET, MA 02554 NANTUCKET, MA 02554 2400 INDIAN CREEK BLVD WEST VERO BEACH, FL 32966 WILLET WILLIAM JP MORGAN TRUST CO TRST ETAL BENNETT JOANN 6 MONOMOY CREEK RD OTIS BOOTH FAMILY TRUST 27 MONOMOY ROAD NANTUCKET, MA 02554 500 STANTON CHRISTIANA RD C/O NANTUCKET,MA 02554 MEGHAN EBEID NEWARK, DE 19713 COHEN STEVEN L TR WESTFALL MATTHEW S&LAURA J LANDRETH ROBERT E 29 MONOMOY RD NOM TRUST 1342 LACHMAN LANE 1600 COUNTRY CLUB RD PO BOX 786 PACIFIC PALISADES,CA 90272 MIDLAND,TX 79701 NANTUCKET, MA 02554 WYNNEMER LLC MASON LINDA A TRUSTEE REDAN MONOMOY HOLDINGS LLC 65 SPRING DELL ROAD 227 GARDEN ROAD 1111 CAROLINE ST#2306 LANCASTER, PA 17601 PALM BEACH, FL 33480 HOUSTON,TX 77010 JP MORGAN TRUST CO TRST ETAL KNIGHT-SCHWARTZ C ETHELIND TR & OTIS BOOTH FAMILY TRUST SCHWARTZ DAVID A TR 500 STANTON CHRISTIANA RD 104 TIFFANY LANE NEWARK, DE 19713 SUMMERVILLE, SC 29485 ANDERSON KREIGER MEMORANDUM To: Nantucket Zoning Board of Appeals From: Nina Pickering-Cook and Kristen Gagalis ANDERSON&KREIGER LLP Re: Statement of Agency Date: November 4, 2022 This office represents Jeff McDermott of 38 Monomoy Road,Matthew Westfall of 30 Monomoy Road, Stephen Ketchum of 34 Monomoy Road, Bob and Deborah Landreth of 4 Berkeley Avenue, and Mark Wilmot of 33 &35 Monomoy Road(the"Appellants"), all of whom are abutters, or abutters to an abutter within 300 feet, of 32 Monomoy Road(the"Property") as shown by the Assessors' abutters' list attached to this appeal.See Addendum F. Therefore,they are each a"party in interest"pursuant to G.L. c. 40A with respect to any zoning decision concerning the Property. The Appellants requested zoning enforcement for a violation at the:Property. The Building Commissioner denied the Appellants' requested enforcement. As such,they:are aggrieved by the Building Commissioner's Decision and appeal it to this Board. Signed, yi•slibtok, . .4.1-6 Kristen R. Gagalis Anderson&Kreiger, LLP ANDERSON&KREIGER LLP 150 MILK STREET,21st FLOOR, BOSTON, MA 02109 1617.621.6500 Addendum A :ate Planning and Land Use Services Building■Historic District Commission■Planning Board■Zoning Board of Appeals RA7EpVite._ BUILDING DIVISION CERTIFIED MAIL# 7020 0640 0000 3225 0768 October 31, 2022 Nina Pickering-Cook Anderson & Kreiger LLP 50 Milk Street 21st Floor Boston, MA 02109 Re: Request for Zoning Enforcement at 32 Monomoy Road, Nantucket Dear Ms. Pickering-Cook, I am in receipt of your zoning enforcement request dated October 18, 2022, with regard to the property located at 32 Monomoy Road, Nantucket (the "property"). I will not pursue zoning enforcement at this time because, in my opinion, the use of the property for short term rentals does not violate the Town's Zoning Bylaw. If you are aggrieved by this determination, you may appeal to the Nantucket Zoning Board of Appeals pursuant to G.L. c. 40A Sections 8 and 15. V ruly yours, atd.N(1017 Paul Murphy Building Commissioner Town of Nantucket Cc: Andrew Vorce, Director of Planning, Leslie Snell, Deputy Director of Planning Telephone 508-325-7587.2 Fairgrounds Road■ Nantucket,MA 02554 •508-228-7298 facsimile Addendum B ANDERSON KREIGER MEMORANDUM To: Nantucket Zoning Board of Appeals From: Nina Pickering-Cook and Kristen Gagalis ANDERSON&KREIGER LLP Re: Statement of Facts and Law; Requested Relief Date: November 7,2022 This office represents Jeff McDermott of 38 Monomoy Road,Matthew Westfall of 30 Monomoy Road, Stephen Ketchum of 34 Monomoy Road,Bob and Deborah Landreth of 4 Berkeley Avenue, and Mark Wilmot of 33 & 35 Monomoy Road, all of Nantucket(collectively the "Appellants"). The Appellants appeal the Building Commissioner's October 31,2022 Decision with respect to 32 Monomoy Road(the"Property")to the Zoning Board of Appeals pursuant to Zoning Code Section 139-31-A-(1)and Massachusetts General Laws Chapter 40A, Sections 8 and 15. In the Decision,the Commissioner determined that use of the Property exclusively for short-term rentals ("STR")does not violate Nantucket's Zoning Bylaws despite its location in a residential zone. This finding is inconsistent with the Town's Zoning Bylaws("Bylaw") and the LUG-1 zoning district in which the Property is located. Where no one resides at the Property and it is being used solely as a pay-per-night or week rental operation, it is a commercial use—more properly defined as a Transient Residential Facility—and,therefore,not allowed in the LUG-1 District. BACKGROUND The Property is a 6 bedroom, 5%2 bath single-family home located in the LUG-1 District of Nantucket,which permits only residential uses. The owner of the Property, The Copley Group, is a Massachusetts Limited Liability Company based in Boston. The Copley Group purchased the Property in 2015. It appears to also own numerous residential buildings in the Greater Boston area and twelve luxury homes on Nantucket.Exhibit A. The Owner advertises the Property as part of its"Nantucket Collection,"which consists of luxury rental homes available for rent year around at both nightly and weekly rates. The services provided by The Copley Group to renters of its properties include things like a personal concierge.Exhibit A. The Property is advertised on multiple luxury vacation websites, including The Copley Group's own Nantucket Collection site, Sotheby's International, and CapeCodVacation.com.Exhibit B. ANDERSON&KREIGER LLP 150 MILK STREET,21st FLOOR, BOSTON, MA 02109 I 617.621.6500 Nantucket Zoning Board of Appeals November 7, 2022 Page 2 Prices range from$1,875 per night during the winter months to $5,000 per night during peak weeks in the summer and fall. Exhibit C.Based on information and belief,no resident of Nantucket(or anywhere else)has lived in the Property as a residence since at least 2015 when The Copley Group purchased it. The Appellants have experienced harm as a result of the use of the Property exclusively as an STR. Specifically,the Appellants have had increased and damaging noise and traffic from the Property,which they can describe further during the ZBA's hearing. As demonstrated by the manner in which The Copley Group advertises the Property, and the Appellants' experience with customers at the Property,the Property's exclusive use as an STR is antithetical to the surrounding residential uses within the LUG-1 Country Residential District. The Copley Group is operating a business through the Property for commercial purposes in direct contravention of the Zoning Bylaw. The Board should therefore order The Copley Group to cease and desist all such uses at the Property. On October 18, 2022,pursuant to G.L. 40A, § 7 and Town Zoning Bylaw § 139-25,the Appellants filed a request with Nantucket's Building Commissioner requesting that he issue a cease and desist order to The Copley Group for using the Property as an STR in a residential district.Addendum C.The Commissioner denied the appellants request on October 31,2022, refusing to find that the use of the Property as an STR violates the Town Zoning Bylaw. Addendum A.Where his Decision is not supported by either the Nantucket Zoning Bylaw or binding Massachusetts case law,this Board should take the unusual step of overturning the Building Commissioner's determination. LEGAL ARGUMENT A. The Owner's Use of the Property is a Commercial Use Not Permitted in the Residential Zoning District. The Bylaw defines"commercial"as "a trade, occupation, or business, including transient residential facility,but excluding governmental,religious or private residential uses."Bylaw §139-2. On Nantucket,no commercial uses are allowed in the"Town Residential" districts (R-1, SR-1,ROH, SOH,R-5,R-5L,R-10,R-20 and R-40) or in the"Country Residential"districts (V- R, LUG-1,LUG-2,LUG-3 and MMD),with very limited exceptions. By its nature as an investor-owned rental property,the Property exists exclusively to serve commercial business purposes. The Copley Group is conducting numerous arms-length transactions for fixed rates over brief periods of time with unrelated third parties. Massachusetts courts have recently held that these type of commercial enterprises that charge weekly rental rates via contractual agreement are indeed commercial in nature and have no business in residential districts.See, e.g.,Styller v. Zoning Bd. of Appeals ofLynnfield, 487 Mass. 588 (2021) (finding that an STR property was a commercial use prohibited in a residential district because Nantucket Zoning Board of Appeals November 7, 2022 Page 3 "short-term rental use of a one family home is inconsistent with the zoning purpose of the single- residence zoning district in which it is situated, i.e.,to preserve the residential character of the neighborhood.");Stevens v. Zoning Bd. of Appeals of Bourne, 97 Mass. App. Ct. 713 (2020) (finding an STR property that was solely rented pursuant to rental contracts with unrelated third parties was a commercial use prohibited in a residential district);Lytle v. Swiec,2017 WL 2257702 (Mass. Land Ct.May 23,2017) (holding a homeowner's use of one dwelling in his two-dwelling single-family home for weekly summer rentals was a commercial use prohibited in a residential district). The Bylaw excludes "private residential uses"from the definition of"commercial,"but The Copley Group's use of the Property has nothing to do with"private residential uses."Operating a company to rent an investment house to strangers is not even remotely akin to the"private uses" envisioned by the Bylaw, like offering one's residence to family or friends for the week, or inviting guests to stay at a property while the primary resident is there. Because the Property is owned by an investor-group,there is no"resident"to use the home for private purposes;no one lives in the house full time. In fact,where the Property is available to rent in short term stints year round, it is not possible to have the Property serve as anyone's residence. Taken together, these attributes of the Property place it squarely within the defmition of"commercial". B. The Property is a Transient Residential Facility Rather,the Property is more properly characterized as a"Transient Residential Facility." Transient Residential Facilities are defined as"hotels;rooming,lodging or guest houses; and time-sharing or time-interval-ownership dwelling unit(s)."Bylaw § 139-2. Similar to commercial uses,no transient residential facilities are allowed in residential zoning districts,with the exception of rooming, lodging or guest houses,which are only allowed in ROH and SOH districts, and even then only with a special permit. Bylaw§ 139-7A. 1 The Property is continually available for short-term rentals in both daily and weekly increments. Therefore,the Property, as an investor-owned STR,is more closely aligned with the purposes and uses defined as transient residential uses than those uses defined as residential. For example, hotels offer rooms at both nightly and weekly rates,just as the Property does. Hotels also conduct arms-length transactions with third parties for fmancial gain,just as the Property does. The definition of"transient residential facilities"also includes "time-sharing" and"time-interval- ownership dwelling units,"both of which cater to longer periods of use,but additionally require actual equity ownership in the property. By comparison,this Property actually has a more transient customer base than time-sharing or interval ownership,with shorter booking periods and renters who lack any ownership interest in the Property. 1 It is important to note,however,thatrooming,lodging,and guest houses all share a common feature that is absent in the present case:residents who live on the property while guests come and go-no residents live at the Property. {1 Nantucket Zoning Board of Appeals November 7, 2022 Page 4 To fmd that the Property is a traditional residence and not a transient residential facility would render the definitional group of"transient residential facilities"an illogical combination of uses ill-suited to the uniform application required under the Town's Zoning Bylaw. All types of lodging included within the Bylaw's definition of transient residential facilities cater to the same customer base as the Property and other STRs—individuals or small groups who live elsewhere and who are looking to rent for a short, defined period of time.2 Most transient residential facilities also presumably have similar impacts on surrounding areas,which is why the Bylaw is explicit about where these uses can legally take place(commercial districts)versus where they can only take place with permission or not at all(residential districts). Excluding this Property(and all investor-owned STRs)from the definition of transient residential facilities is contrary to the Commonwealth's characterization of STRs. In December 2018,the Massachusetts Legislature passed"An Act Regulating and Insuring Short Term Rentals."G.L. 64G, et seq. All of the lodging types listed as"transient residential facilities"in the Zoning Bylaw are subject to the room occupancy tax under G.L. 64G, §3, a list that now includes STRs. The Legislature's decision to include STRs being rented more than 14-days a year in the room occupancy tax list is evidence that the Commonwealth considers STRs such as this Property to be"commercial"use,not personal residential use, and therefore akin to a "transient residential facilities"on the island. C. The Use of the Property as a STR is Not Accessory to Residential Use At this point,the Town has repeatedly found that S IRs are allowed in residential districts in Nantucket as accessory uses. Indeed,Town Counsel John Giorgio, at a recent Short Term Rental Workgroup,Data Subgroup meeting, stated: "[T]he building inspector has made the determination that [S 1'Rs] are permitted accessory uses." Short Term Rental Workgroup, 10/28/2022, at https://www.youtube.com/watch?v=8smSkZYsblw&ab channel=NantucketGovernmentTV But that argument fails here. Although"accessory dwelling"units are allowed in all residential districts on Nantucket,this Property cannot be considered an"accessory use"because there are simply no residents at the Property to which the STR is "accessory"to. The Bylaw defines"accessory uses"as "separate structures,buildings or uses which are subordinate and customarily incidental to a principal structure,building or use located on the same lot."Bylaw § 139-2 (emphasis added). The principal structure located on the lot is a single family residence. Exhibit D. A"residence"is defined as"the act or fact of dwelling in a place for some time," or"the place where one actually lives as distinguished from one's domicile or a place of temporary sojourn."Miriam—Webster's Dictionary, (11th ed. 2020) (emphasis added). Therefore,to qualify as an"accessory,"the rental of the Property would have to be subordinate 2 Both"hotel"and"rooming,lodging,and guest houses"are defined by the By-laws as"primarily temporary abode of persons who have a permanent residence elsewhere."By-laws,§ 139-2.Time-shares are characterized by"the use being inherently transient."Id. Nantucket Zoning Board of Appeals November 7,2022 Page 5 to the Property's use as a single family residence. Based on advertising, ownership structure, and Appellant testimonials,the Property is very plainly not a single family residence; it is a rental property 365 days a year. Exhibit C. Thus,the rental use predominates any other use and cannot be"accessory." The Town's determination on the issue of accessory use as STR is contrary to existing case law. Under Bylaw strikingly similar to Nantucket's, courts have consistently found that STRs are not an accessory use to a residential use. See Stevens,supra, 97 Mass. App. Ct. 713;Styller v. Aylward, WL 4502015 (Mass. Land Ct. Sept. 19, 2018), aff'd 487 Mass. 588, (2021).;Lytle, supra, 2017 WL 2257702. In Styller, the trial court reasoned that a single homeowner renting his property on Airbnb was not"clearly incidental to the use of the principal building"as a single family residence. 2018 WL 4502015, at*7. As the Land Court explained: In zoning bylaws or ordinance, `incidental' incorporates two concepts: It means that the use must not be the primary use of the property but rather one which is subordinate and minor in significance . . .[and] incidental,when used to define an accessory use,must also incorporate the concept of reasonable relationship with the primary use. It is not enough that the use be subordinate; it must also be attendant or concomitant. To ignore this latter aspect of`incidental' would be to permit any use which is not primary,no matter how unrelated it is to the primary use. Id. (internal citations and quotation marks omitted) (emphasis added). Using single family homes, such as the Property, as STRs is not"customary in connection with the principal building." Putting it bluntly,the court stated: "Most people do not rent out their homes on a continuing basis. They live in them."Id. at*8. Likewise, in Stevens,the court refused to fmd that the use of a house owned by an investment trust was an accessory use due in part to the fact that neither the Trustee nor any beneficiary of the trust resided at the property and use of the property was conducted pursuant to rental contracts with unrelated third parties for financial gain by the investors. 97 Mass. App. Ct. at 718. In Lytle,the Land Court upheld the Hull ZBA's determination that short-term renting of a unit alongside a lived-in residence was an unlawful commercial use and not a permitted accessory use. 2017 WL 2257702 at*7. The court reasoned that even though the owner was still occupying one-dwelling in the two-dwelling single family home,the separate commercial use of the other dwelling unit was not an accessory use due to the commercial nature of the rental.Id. CONCLUSION Allowing the Commissioner's Decision with respect to 32 Monomoy Road, a permanent STR,to stand risks exacerbating a near-impossible situation for Nantucket's already over-priced and under-supplied year-round housing stock. Affirming the Decision would be giving investor {} Nantucket Zoning Board of Appeals November 7, 2022 Page 6 groups like The Copley Group the green light to continue buying up single family homes in residential districts and turning them into high-turnover rental properties. This would further blur the lines of commercial versus residential, and come at a high cost to actual residents of Nantucket's many residential neighborhoods. For these reasons,we urge the Board to overturn the Commissioner's Decision and find that the Property is a commercial use that is not allowed in the LUG-1 District, and to require The Copley Group to immediately cease and desist such commercial operation at the Property. Exhibit A {A0160866.1} (/) (tel:5o8go ,g877) (o)My Favorites Email Sign Up (https://www,thecopleygroupnantucket.com/newsletter) NANTUCKET VACATION RENTALS SHARE THESE RESULTS Min Beds u Arrival Departure acn w f�antucket�Shd�v I • A '',rti �'� ''v y ° andLsfe?S�avinq-- -\ -' J,�' }� i_7empora�nlyrelokecl aJ 1 —'i—`� it ® � aa j/ czar � was � � � •1Nh'aling Museum r / ,' firs S �� r,it - \/,,f *sec Rd .~ .J't '` "' Nantucket -' 4"� `', I,l, P 1 ti idaket:Rd f ` (r r it _ II 1, �r �� L., pp 14 TheOltlM111 �`,�` J''-- Y ,,,,,,� �� .f� ' may'V� ; ;, r 1 _� .I '; ` \ i ,r=-�S bp&:Shdp` ,� 4/. 4,0: ��r �- ' !f t �� l ._, /C' `Mfestonz itoad� r' % + , -ate, / i soft—fof_ T1Se fati0n,' ,,/,__`-,-at.4 ...d f ° / , � ,- a :.:.�, ���7� r!!es' ~�r a-Cr — of d iFtio�ndation� , •3_�... .cg ' - 1 �� � tone oa { (} `^¢ti i, ,, , Nantucket....J . e ,, R r r o State Forest °/! , r �.* 1r t 1" \: NWntLIClCet` Y '�� \South/ `� / sy � r°, Pasl , --- • k / ffJJ > .Mel____ —pok `�4 ( } --\ . - ij,,,,,,,,:-.. / i,r----1. ,:?,y'/\\:" ;Lradi,esBeach, j r _r11) 1 � -- _ f•: / \ 1 �� 'yr, �' '� cf. ma• r s%,'? c-/, . = 4 r f � ti r/ �o ded wa�h� ``�� ' 1 ,,,. f Matlequech m' Goggle F 13eaeh 4' (hops://,maps.google.corn/maps?II_4�1.267.1r7�3,-_7,0.092625&za13&t=_m&h1=en_US&gl=_US&mapclient=_apiv3� ©202. r E j , - _.. ilic ✓,_...... ! +sk (`.%^.` '�' `' ^--S--�-- ` ,.. -!� '"'�+ti-'�.. .-..... -w a' „ .� - l:;....Fa ,- 0. -.-:'..�, i4'� _ _ _ 1. l� ./1 r t _, A"�A + • °: ;,... -r i :..mow `� i_ - s• .,-:. �'- fi, '7, -,' �t • Ire dA`t, ----sue. `.- _y •��_ ..G'-~.. .. 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' "� . wF .tii ,l Z ' 41 ' •A'}`" r to,A.V, `'4 \ • f-0 -� ` } yy _ )h H1 y�-i4. .llr, 7/4 w: r.,I a i1 'y �'r['a.. ,ra y y 4 '4' , `ti*h }• a ) 1 •d �, 32 NONANTUM AVENUE (HTTPS;//WWWTH ECOPLEYGROU PNANTUCKET.COM/NANTUCKET- VACATION-RENTALS/32-NONANTUM-AVENUE) 6 Bedrooms 7 Bathrooms 12 Guests Heated Poor Water View Concierge Air Condition f tr 9 CONTACT US (/CONTACT-US) The Copley Group Nantucket PO Box 463 Nantucket, MA o2554 Phone: 1508) got-9877 (tel:508g01g877) Email: guestservice®thecopleygroup.com (mailto:guestservice®athecopley_group.com) QUICK LINKS Property Search (/nantucket-vacation-rentals) About Us (/about-us) Things To Do (/things-to-do) Privacy Policy (/privacy policy) Site Map (/sitemapl Home (/) FIND PROPERTY BY NAME -Choose- ©2022 The Copley Group Nantucket All rights reserved. Powered by Rezfusion(http://www.myvrfusion.com).Built by Bluetent.(https://vwci.bluetent.com) (/) L (tel:5o8go1g877J (o)My Favorites Email. 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''''' '‘'' ---I' .', , Pada "'"4.-z,f,c- * • 1 6Y ffi k n (Sn 1noge/wooge>ionlueudnoa6AajdooeLffi\m/A .sdlTLD sn lnoad (Sn inoge/woo le>pniueudnai6Aejdooeg}mn\my:sdly) 1 Lilo itv . >_ I 1 ` (https://www.thecopley_groupnantucket.com/contact- us) CONTACT US (https://www.thecopley_groupnantucket.com/contact- us) REFINE SEARCH Arrival Departure SUBMIT f ICJ 1� CONTACT US (/CONTACT-US) The Copley Group Nantucket PO Box 463 Nantucket, MA 02554 Phone: (508) got-9877 (tel.:5089019827) Email: guestservice@thecopleygroup.com (mailto:guestservice®a thecopleygroup.com) QUICK LINKS Property Search (/nantucket-vacation-rentals) About Us (/about-us) Things To Do (/things-to-do) Privacy Policy/privacy-policy) Site Map (/sitemap) Home (/) FIND PROPERTY BY NAME -Choose- ©2022 The Copley Group Nantucket ALL rights reserved. Powered by Rezfusion(https://wvwv.bLuetent.com/platform). Built by BLuetent.(https://wvwv.bluetent.com) Exhibit B {A0160866.1} (/) t. (tel:508g019$77) (o)My Favorites rd Email. Sign Up (https://www.thecopleygroupnantucket,com/newsletter) 32 MONOMOY ROAD 6 BR 16 BA 112 Guests Add Favorite . Request info (https://www.thecopleygroupnantucket.com/vacation- rental-inquiry? inquiry properties=73&url=https%3A//www.thecop eygroupnantucket.com/nantucket- vacation-rentals/32-monomoy-road) Share this Listing IMAGES VIDEO '' 3: �___ kE _"--_ ..I " J .� �� xe.."s'' ''` ;€ jai l i�"P`f iii S f I �i ,L___k_T f _-- ..� r - _ 1j J iii, 7 4 - -1�1J1.Iu hI1 I , ,-. ' f ' : - f '. yt3 ct 1 ',11 1 -_ �� I jI r r Af'q UI S�A N.`13'413111 ''' j. • - ':,.✓'�`"v.' ". `"• f ,41 ...�r, �— i 1• ice. < '1.-' /' \ . 1‘..'',":i'''',10‘1 '"\\ \ - \''-'4,. 1, , '''4.. , kz.--,-,4..-,.. --";!.....1?„-,.,-;.,,,,z, ' v (-- 0 pp_ 71, ---i n • al • ---_ 7 c• rJm 1�'. E:, .. fl��ks>tr.�c;L ^ ,,,..._,,,,:r. __ 1I1_...„...,, - — - k, -- i. i. , 1e v SEARCH AVAILABILITY Arrival I Departure Promo Code Search Availability Featured Amenities • Water View • Concierge • Air Condition • Outdoor Shower • Yard • Beach Chairs • Beach Towels • Patio Description Amenities Rates Availability The Copley Group's Nantucket Collection homes are available for rent year-round. A one-week minimum rental- from Saturday to Saturday- is required during the summer high season. During non-peak season we have a three-night minimum stay requirement. For nightly rates during the shoulder and off-season please call or email us directly. Any rates that are listed below are subject to change and should not be considered price quotes. # Night Available # Night Unavailable # Arrive Only # Depart Only November 2022 - June 2023 Location f CONTACT US (/CONTACT-US) The Copley Group Nantucket PO Box 463 Nantucket, MA o2554 Phone: 15°8) goi-9877 (tel:5o8goi98n Email: guestservice©thecopley_group.com (mailto:guestservice®thecopleygroup.com) QUICK LINKS Property Search (/nantucket-vacation-rentals) About Us (/about-us). Things To Do (/things-to-do) Privacy Policy (/privacy policy) Site Map (/sitemap) Home (/) FIND PROPERTY BY NAME -Choose- GO ©2022 The Copley Group Nantucket All rights reserved. Powered by Rezfusion(https://www.bluetent.com/platform).Built by Bluetent.(https://www.bluetent.com) 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home 32 Monomoy Road, Nantucket MA F d Wdy E2c, a r 'x,� y4 P }-:- 'h P 6 4. v 6. C ' y Ri? aN pj A, '!,' *S eI eeld_ j F 4. 1 rJ � -y t 11 R o Vo x2 rr. ,-:-.21 l, e` sue,, • e^ -- ,r MU 5-7' f.,. 0- - 1 wit, r ' !Q j •-4-..1'-,,_,','_-M—,Sl,_-, +'4 y Vt tlt1"a Yr' t . „ t7 any, d 1 °_ :'j�41 r + i;S'. 4'- } ` 7 .( 'In .r f =° .cam; ' + {' at 1-! _ .. # - - -+' } •, 13,,l,„.i f ,, ,, 4.4 )0,1 `iil,- ,... ,...-Ji -...„ r- 1. ; .r i- „..1,-.rt..4.-r" rli. * J !.:� .fit' . � = '=� � i•C - } It ..t4 Y' 1.r m 4, li , e ► 1 } s -'ll, �N,J ® fir- },f •. {yi ;� ', y P t u 2 \ ` �y L 5 :?- a bt r x 1 ..' t �•—s y✓ f �M'C "1£ "!"yam,�" ..C' t 1."Y'r,�.w"t.*'[.•,. I C:;1 mai_U'i_.1 People Sotheby. 1if t f'idt••T iri�}ly.yli,5 '�`:-•rw "'y.�„ Rz*---.,� .«. -r.tr '.z. 26 Photos of 32 Monomoy Road, Nantucket MA Privacy-Terms https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 1/7 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home RENTAL 6 5 1 12 MONOMOY BEDROOMS BATHROOMS HALF BATHS SLEEPS AREA This property features extraordinary views of Nantucket Harbor and town. An upside down house, it has six bedrooms and five and one-half baths on three levels: there are two king bedrooms on the lower level; three bedrooms (two king and one queen) on the first floor and one bedroom (master suite, king) on the second level. Additionally, this stunning property features three living areas, a large deck, a gourmet kitchen - and is beautifully an.d fully appointed in a contemporary style. Show More Rates and Availability *Published rates do not include local &state taxes. Current state tax is 5.7% and current local tax is 6%. These taxes are both subject to change. **Availability& rates are subject to change. Please contact Maury People Sotheby's International Realty to confirm. 15 =Available +5 = Unavailable June 2023 Su Mo Tu We Th Fr Sa Week Rate 28 29 30 31 1 2 3 May,27, 2023 to June, 3, 2023 $15000 4 5 6 7 8 9 10 June, 3, 2023 to June, 10,2023 $18000 11 12 13 14 15 16 17 June, 10,2023 to June, 17,2023 $18000 18 19 20 21 22 23 24 June, 17,2023 to June,24,2023 $20000 25 26 27 28 29 30 1 June, 24, 2023 to July, 1, 2023 $20000 July 2023 Privacy-Terms ■ o Tu Th So Wook Bat@ 1..11 Wo Fr ® I� 1! R https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 2/7 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home 25 26 27 28 29 30 1 June, 24,2023 to July, 1, 2023 $20000 2 3 4 § 3 7 $ July, 1,2023 to July, 8, 2023 $20000 9 4-9 44 42 43 +4 15 July, 8, 2023 to July, 15,2023 $20000 16 17 18 19 20 21 22 July, 15, 2023 to July, 22, 2023 $20000 23 24 26 29 27 28 29 July,22,2023 to July,29, 2023 $20000 39 34 4 2 3 4 5 July,29, 2023 to August, 5,2023 $20000 August 2023 Su Mo Tu We Th Fr Sa Week Rate 30 34- 2 3 4 5 July, 29, 2023 to August, 5, 2023 $20000 6 7 8 9 10 11 12 August, 5, 2023 to August, 12,2023 $20000 13 14 15 16 17 18 19 August, 12,2023 to August, 19,2023 $22000 20 21 22 23 24 25 26 August, 19,2023 to August, 26,2023 $22000 27 28 29 39 34- 4 2 August,26,2023 to September,2,2023 $22000 Today Privacy-Terms - https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 3/7 11/4/22,5:18 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home 32 Monomoy Road, Nantucket MA RENTAL 6 5 1 12 MONOMOY BEDROOMS BATHROOMS HALF BATHS SLEEPS AREA This property features extraordinary views of Nantucket Harbor and town. An upside down house, it has six bedrooms and five and one-half baths on three levels: there are two king bedrooms on the lower level; three bedrooms (two king and one queen) on the first floor and one bedroom (master suite, king) on the second level. Additionally, this stunning property features three living areas, a large deck, a gourmet kitchen - and is beautifully and fully appointed in a contemporary style. Show More Rates and Availability *Published rates do not include local &state taxes. Current state tax is 5.7% and current local tax is 6%. These taxes are both subject to change. **Availability & rates are subject to change. Please contact Maury People Sotheby's International Realty to confirm. 15 =Available = Unavailable September 2023 Su Mo Tu We Th Fr Sa Week Rate 2-7 28 28 39 6 4- 2 August,26, 2023 to September,2,2023 $22000 3 4 & 6 4 g 9 September, 2,2023 to September,9, 2023 $18000 10 11 12 13 14 15 16 September, 9,2023 to September, 16, 2023 $18000 17 18 19 20 21 22 23 September, 16, 2023 to September, 23, 2023 $18000 24 25 26 27 28 29 30 September,23,2023 to September, 30, 2023 $18000 Privacy-Terms October 2023 https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 2/7 11/4/22,5:18 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home 3i IVI o jy l{pacivJ\la%uclf9t IVg Week Rate 1 2 3 4 5 6 7 September, 30,2023 to October, 7, 2023 $13500 8 9 10 11 12 13 14 October, 7,2023 to October, 14, 2023 $10000 15 16 17 18 19 20 21 October, 14,2023 to October,21,2023 $10000 22 23 24 25 26 27 28 October, 21,2023 to October,28,2023 $10000 29 30 31 1 2 3 4 October,28,2023 to November,4,2023 $8000 November 2023 Su Mo Tu We Th Fr Sa Week Rate 29 30 31 1 2 3 4 October, 28,2023 to November,4, 2023 $8000 5 6 7 8 9 10 11 November,4,2023 to November, 11, 2023 $8000 12 13 14 15 16 17 18 November, 11,2023 to November, 18, 2023 $8000 19 20 21 22 23 24 25 November, 18, 2023 to November, 25, 2023 $5500 26 27 28 29 30 1 2 November,25,2023 to December,2, 2023 $5500 Today Privacy-Terms - https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 3/7 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home Map " , - y4J , andLPI4!iq i r'+i;lip S ,` •�! , .e `t t4.. ,a - y `c) \ lft, �!Yd1 „, ;� U'r —,`' •.Wheling;Museum ® d ,� / �' `�a �� %,\ ,,,, ..--read.44 - 1 -' Ilantuclket y.;)e) / _,_„„....,62.,'.„.-.-;--)ilk,;-4-4;c...;:f„4, . .„, -,/ :\_,,,\ ..., 7,---:„.- --\,, -,z....---,-;1--...4.-iiiff:,!---':::!.;.:::;,\,. „ ,:,........./i>, fl ,fr' '- �Sto &;Sho iy,,10.„,c . . A, T. 'Ty ' ' • . � _ f� v L `riIt ' ;;: '' ' '„ , ' M�ne Ro L it :et�Cons_erva_,tion� .1.7 t �C��`�:=-f �Q�'�;°`�_:�a `� ;�� ���,��!f iOnl. �` l rl .` ./-: ' caw` f �r L� ,7'i esQoneT �tlr \ o ? 41,,, .,;.-_,-� ,,.Nantucket_�� 1----it---) 1 _, 61 f s„/.- -4- State Forest , �j� i ''' ) - I\ ,�! = y! ' Nant 1tu a s Goo le` �, �a v z c, t. 2, so t P t l.-^��9 s � ; . .• imemoriaiiAlrporto,�1! `i . ._�C_I 6 Y1 c? ata22 Privacy-Terms https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 4/7 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA i Nantucket Rental Home Inquire About 32 Monomoy Road Fill out the form below to request more information. Your Name (required) Your Email (required) Contact Preference Either Special Requests or Comments (required) Sign up for email alerts? O Phone Evening Phone Contact Time Morning OSend a copy of this request to my email Send Inquiry Privacy-Terms https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 5/7 11/4/22,2:34 PM 32 Monomoy Road,Nantucket MA I Nantucket Rental Home Share- and Save 32 Monomoy Road tor Maury „usi People Sotheby's INTERNATIONAL REALTY Maury People Sotheby's International Realty 37 Main Street, Nantucket, MA 02554 I (508) 228-1881 info@maurypeople.com ESI ©2022 Destination Realty Corp.All rights reserved. Sotheby's International Realty@ and the Sotheby's International Realty Logo are service marks licensed to Sotheby's International Realty Affiliates LLC and used with permission.Destination Realty Corp.fully supports the principles of the Fair Housing Act and the Equal Opportunity Act. Each franchise is independently owned and operated.Any services or products provided by independently owned and operated franchisees are not provided by,affiliated with or related to Sotheby's International Realty Affiliates LLC nor any of its affiliated companies. Visit Sotheby's International Realty Privacy-Terms https://www.themaurypeople.com/nantucket-rentals/property/52819-32-monomoy-road-nantucket 6/7 Exhibit C {A0160866.1} 32 MONOMOY RD Location 32 MONOMOY RD Mblu 54//242// Acct# 00003102 Owner COPLEY MONOMOY LLC Assessment $2,584,400 PID 3102 Building Count 1 Current Value Assessment Valuation Year Improvements Land Total 2022 $1,213,400 $1,371,000 $2,584,400 Owner of Record Owner COPLEY MONOMOY LLC Sale Price $2,025,000 Co-Owner Certificate Address 896 BEACON STREET Book&Page C0025823/0 BOSTON,MA 02215 Sale Date 10/16/2015 Instrument 00 Ownership History Ownership History Owner Sale Price Certificate Book&Page Instrument Sale Date COPLEY MONOMOY LLC $2,025,000 C0025823/0 00 10/16/2015 FULLER WILLIAM R TRST $0 C0023540/0 99 05/11/2010 FULLER WILLIAM $2,375,000 C0021668/0 10 02/16/2005 MURPHY KENT J&LINDA J TRST $1,050,000 C0031315/0 1 P 07/06/2004 KNIGHT CHARLOTTE ETHELIND $0 C0007/0307 12/01/1974 Building Information Building 1 Section 1 Year Built: 2004 Living Area: 3,704 Replacement Cost: $1,257,419 Building Percent Good: 96 Replacement Cost Less Depreciation: $1,207,100 Building Attributes Building Photo Field Description — — — — -- Style Cape Cod Model Residential t- u�— la 7.7. 1—11"-----1—=_`N Grade: Good ,,3. E. =R.� Stories: 1.75 -' /S. Occupancy 1 i I I Ir Exterior Wall 1 Wood Shingle i .;r_ : a I t•�t:c-•- ' 'limilll0i = t 7;_ .___ - Exterior Wall 2 'i y,,, -��r.�l. f Roof Structure: Gable/Hip F�,x��•"� j z$ ,,,k 4 . ` 1' �c, - Roof Cover Wood Shingle ' ..�.''� `-z , ���„r3,•.�C'' ..- �' `�` ;� T 6 �''` Interior Wall 1 Plastered (https://iimages.vgsi.com/photos/NantucketMAPhotos//\00\03\43\52.jpg) Interior Wall 2 Building Layout Interior Fir 1 Hardwood Interior Fir 2 Heat Fuel Gas Heat Type: Forced Air-Duc 4 • 1 FAT----- 1 AC Type: Central le Total Bedrooms: 6 Jyit.71�f 4 ' Total Bthrms: 5 1 Total Half Baths: 1 Total Xtra Fixtrs: a�]---^sgr- Total Rooms: Bath Style: Modern (https://images.vgsi.com/photos/NantucketMAPhotos//Sketches/3102_3641 Kitchen Style: Luxurious Building Sub-Areas(sq ft) Legend Num Kitchens Gross Living Code Description Area Area Cndtn BAS First Floor 1,512 1,512 Num Park TQS Three Quarter Story 1,512 1,134 Fireplaces - FBM Basement,Finished 1,512 1,058 FOP Porch,Open,Finished 756 0 WDK Deck,Wood 632 0 5,924 3,704 1ar.","'kr. ;.. h. »:Y rn p r 4p,,;" a. '-v;''- a-il .,",�.';: -.. �. . - .ate A" 7710.11ZW - Extra Features Extra Features Legend Code Description Size Value Bldg# 'FPL3 2 STORY CHIM 1.00 UNITS $4,000 1 FPO EXTRA FPL OPEN 2.00 UNITS $2,300 1 Land Land Use Land Line Valuation Use Code 1010 Size(Acres) 0.15 Description Single Fam MO1 Frontage 0 Zone LUG1 Depth 0 Neighborhood 850 Assessed Value $1,371,000 Alt Land Appr No Category Outbuildings Outbuildings Legend No Data for Outbuildings Valuation History Assessment Valuation Year Improvements Land Total 2022 $1,213,400 $1,371,000 $2,584,400 2021 $1,184,400 $1,262,800 $2,447,200 2020 $1,184,400 $1,262,800 $2,447,200 2018 $894,900 $1,262,800 $2,157,700 2017 $894,900 $1,262,800 $2,157,700 (c)2022 Vision Government Solutions, Inc.All rights reserved. Addendum C ANDERSON KREIGER Nina Pickering-Cook p ickeringna,andersonkreiger.com t:617.621.6536 October 18,2022 VIA EMAIL Marcus Silverstein,Zoning Compliance Coordinator Town of Nantucket 2 Fairgrounds Road Nantucket,MA 02554 msilversteinanantucket-ma.gov Re: Request for Zoning Enforcement at 32 Monomoy Road,Nantucket Dear Mr. Silverstein: I am writing on behalf of my clients Jeff McDermott of 38 Monomoy Road,Matthew Westfall of 30 Monomoy Road, Stephen Ketchum of 34 Monomoy Road, Bob Landreth and Deborah Landreth,both of 4 Berkeley Avenue, and Mark Wilmot of 33 &35 Monomoy Road, (collectively,the"Requestors"),to request zoning enforcement against a neighboring property located at 32 Monomoy Road and owned by Copley Monomoy,LLC (managed by Copley Management&Development Corp.) ("32 Monomoy"). Based on public advertising(attached as Exhibit 1 and available at https://www.thecopleygroupnantucket.com/nantucket-vacation-rentals/32-monomoy-road) and personal experience as its neighbors,the STR Property is being used exclusively as a short-term rental("STR").1 32 Monomoy Road's use as an STR is a commercial use. Where 32 Monomoy is located in the LUG-1 District,which permits only residential uses, its use as a commercial property is prohibited. Although it may appear to be a single family home from the outside,the 32 Monomoy is not being used for any lawful residential use under the Nantucket Zoning Bylaw. As a result,my clients are requesting,pursuant to G.L. c. 40A, § 7 and Nantucket Zoning Bylaw § 139-25,that the Town, acting through your office,issue a cease and desist of commercial use of 32 Monomoy. My clients look forward to seeing their neighboring property return to single family residential use and to the permanent housing stock for the Island. 1 Although there is no definition for this use in the Nantucket Zoning Bylaw,G.L.c.64G,§1 defines it as"an owner-occupied,tenant-occupied or non-owner occupied property including,but not limited to,an apartment,house, cottage,condominium or a furnished accommodation that is not a hotel,motel,lodging house or bed and breakfast establishment,where:(i)at least 1 room or unit is rented to an occupant or sub-occupant;and(ii)all accommodations are reserved in advance;provided,however,that a private owner-occupied property shall be considered a single unit if leased or rented as such. ANDERSON&KREIGER LLP 150 MILK STREET,21st FLOOR, BOSTON, MA 02109 1617.621.6500 Please respond as required under Nantucket Zoning Bylaw§ 139-25(B)(1). If needed, I would be happy to provide more information specific as to the STR use of 32 Monomoy(at least to the extent it is publicly available) and how it qualifies as a commercial use. I can be reached at the phone and email listed above. Thank you for your consideration of this important issue. Sincerely, frfr .. , , Nina Pickering-Cook cc: Clients Nantucket Building Commissioner 2 EXHIBIT 1 3 --- - 7 i 0.acr.,010.-1416.1.11 ll[..4 '... ''' •., -. LI X 1 . .....,....... .4. 4 C i theFP.WEVP.M.dt.Crifill ;V.EIX;Rnnf.r63d * .r '1 ''13 THE-CoiniiieiiouP ' , _ (508)90.-907 vt0)MyFa7rItes CI?!!oaIlSign tlir, ' , .• 1'1' ' ' II.--s7, t7tir—:.cr'Tit OflNANTUCKETRENTAISAGIJIDE ABOUTUSCONTACTUS ,. . ... , .t...• ,' ' ''',-;,, ,L.132-.1--MONOMOY ROAD „._. - •-;--.:' . ,q....-. 73.7.4,-,`, .4, - _ - - ---- s,c,..,--:-.. ...- I *Add Fayonte,IR.:Nest** OPnnterblerdlyverPos>Share trolAting I, SEARCH AVAILABILITY IMAGES mi e, ........ fl, L. I— Diana Cone r (- 1 i-1.1intli, 71-1r; 1 ,Ej , Featured Amenities 'I. I Sr•C- f t.,:-.'fz-r^. 210 c' ' •WateMeli, • •Comers° t...,...,1 =—•-,Ili„rye...,.,,.,,,,}1 Au Conc E nlon II c,....7,...-. •Outdoor Shower •Yard . III.' • ... II III-i:I.:----"-I,I!r. •Beach Chaffs .- , . I' (,_,.• .--c-I•II .---; •-.•-••••-••••••'...* • 1,r".- ti_ I-I- ,,I••••%,-,--I, I 4",,,, -I''zt,,1 I •Pa° / '•••••‘-',•'•'r• 1 ..\ .1...A....&.:".. • ... 1 a Nu........a•rawae x 1 4., . . . .. . _ (- 4 C a theesetersmuChvordx.tProtrharcuriebracrhon4enItsh/32 4,44UP11.4•1• L. Tr * a 0•......) i • . DESCRIPTION • AMENITIES • PATES i LOCATION • • . The Copley Groups Nantlicket Collection homes are avallable tor rent year-round A one-vreek mlnimurn tental-horn Saturday to Saturday-Ls required Ruling Me summer high season During non-peak season we have a thteo.nsbt minimum stay requirement For nightly rates canny Me shoulder and off-season please call or email as dIrectly, Any rates that are listed below are subject to change and should not be considered price quotes ENight Available[]Night Unavailable LI ARNO Only 21 Depart Only October 2.022-May anD) e 0 bilabial's= November Z22 tlearritxr 2022. lantstrybliag NIVIIIIIIIIII 111111011111111 IIIIIIIIIIIIarl 111111211111111011 113111E1131111121113 011111:1110111C1 13111131111:11:112 11:11111:101111121111 tit!in = REM 1/111111:111211:113 13111111111611:1 rimistaritall 13111113101:1C1C3 0111113113131:313 11113:1131:1131:1 1111121123131:1611:1 131:11:11:1111121:1 0111131:1611•111 121:11:1121:111:1131 1:11:11311111•11 1:110111111111111111111111 Februaty0003 mtoth2ix3 AO arl.13 May bOsEi ba.6, .te•V. sr 11, Su Mu IS.In is Se 64 Ma ILI V.To ir SA Ito. .We Ilt St So 1111111113131111 1111111111131311 ' . '`,. El 111111111111EICI EICIEILICICICI 1313EICIEIC1112 111111111131MOCI 010C1121:1MM IIIIIME113121:1 C11111313e11311:1 13131313E101,ID 011111213C101:1 1:11:11:11:1121:111 EZICIIIIIIIII: inewcannis ele11111:11:1121:111 . 1:10213.1 C11,131:1113C111 12113011,31:11121:1 113:1131:11111111111 4 • . Addendum D § 139-1 § 139-2 ARTICLE I Purpose; Definitions § 139-1. Purpose. To promote the health, safety, convenience, morals and general welfare of its inhabitants, to lessen the danger from fire and congestion and to improve the Town under the provisions of the State Zoning Act, MGL c. 40A, the use, construction, repair, alteration and height of buildings and structures and the use of land and the size and shape of lots in the Town of Nantucket are hereby restricted and regulated as hereinafter provided. § 139-2. Definitions and word usage. A. Definitions. In this Zoning Bylaw, Chapter 139 of the Nantucket Code, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: ACCESSORY DWELLING — A dwelling unit located within an owner-occupied single-family building. The exterior architectural design and use of an accessory dwelling shall be harmonious with the appearance and use of the structure as the owner's home. The gross floor area of the accessory dwelling shall not be more than the gross floor area of the primary dwelling and not greater than 550 square feet. The accessory dwelling shall be self-contained with.separate sleeping, cooking and sanitary facilities for the exclusive use of the occupant. The structure containing the primary dwelling and accessory dwelling shall be in single ownership, and one of the units shall be owner- . occupied.[Added .4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-6-2015 ATM by Art. 61, AG approval 8-5-2015] ACCESSORY USES — Separate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot. 1 [Amended 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] ADULT ON-SITE MARIJUANA SOCIAL CONSUMPTION OPERATOR — A marijuana retailer where consumers are permitted to consume marijuana and marijuana products on its 1. Editor's Note:The former definition of"affordable unit"which immediately followed this definition,was replaced by the definition of"inclusionary unit,"which is included in its proper alphabetical sequence. :1 69 § 139-2 § 139-2 premises[Added 10-10-2018 STM by Art. 1, AG approval 8-6-2019] ADULT USES — All uses as described and defined in MGL c. 40A, § 9A, as may be amended from time to time to include: Any establishment which has 10% of its stock-in-trade on hand; whose sales, including rentals from such a portion of stock equals or exceeds 10% of monthly sales; or has 10% or greater floor area open to and observable by customers used for the display or storage of adult-oriented material, or as presentation time of live or recorded performances, shall be defined as an adult use. Adult uses are subject to the following standards:[Added 4-10-2002 ATM by Art. 41, AG approval 7-31-2002; amended 4-6-2015 ATM by Art. 64, AG approval 8-5-2015; 4-2-2016 ATM by Art. 58, AG approval 7-12-2016] (1) Adult uses shall be located in stand-alone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial or other uses. (2) A minimum separation of 300 feet, measured between lot lines, is required between adult uses and state-certified public or private schools or state-licensed day-care centers. AFFORDABLE HOUSING — Dwelling units restricted to occupancy by families with annual incomes less than 150% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.[Added 4-12-1994 ATM by Art. 48, AG approval 4-29-1994; amended 4-8-2008 ATM by Art. 57, AG approval 8-18-2008; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] AGRICULTURE — The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and•animal and poultry husbandry, and the necessary uses for packing, treating and storing the produce. ALCOHOLIC BEVERAGE SALES — A facility for the retail sale of beer, wine, or other alcoholic beverages for off-premises consumption.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] ALTERATION — Any change in size, shape or use of a building or structure. ANIMAL FEEDLOT — Land on which 25 or more livestock per acre are kept for the purpose of feeding. :2 70 § 139-2 § 139-2 APARTMENT — A dwelling unit located within a commercial structure or detached structures on the same lot with a commercial use. An apartment(s) shall not occupy more than 50% of the first floor area. The Planning Board may by special permit waive this requirement based on a finding that the commercial character of the area will not be negatively impacted by the location of a dwelling unit on the first floor of the commercial structure. A maximum of four apartments are allowed by right in certain districts, subject to the dimensional requirements set forth below. The Planning Board may issue a special permit to allow more than four apartments on larger lots, provided that: (1) the overall number of units shall not exceed the density set forth in the schedule below; and (2) the applicant shall demonstrate through submission of a dimensioned lotting plan that the subject property could be divided into multiple lots pursuant to a conventional subdivision plan without requiring waivers from the Planning Board's Rules and Regulations Governing the Subdivision of Land (as in effect at the time of application):[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-2-2013 ATM by Art. 30, AG approval 7-26-2013; 4-5-2014 ATM by Art. 66, AG approval 5-7-2014; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015; 11-6-2017 STM by Art. 20, AG approval 2-26-2018] (1) CDT — one dwelling unit is permitted for each 1,000 square feet of lot area. (2). CMI — one dwelling unit is permitted for each 2,000 square feet of lot area. (3) CN — one dwelling unit is permitted for each 3,000 square feet of lot area. (4) CTEC — one dwelling unit is permitted for each 4,000 square feet of lot area. (5) CI — one dwelling unit is permitted for each 5,000 square feet of lot area. APARTMENT BUILDING(S) — A structure or structures containing a maximum of up to eight bedrooms in up to six dwelling units on a single lot , or an equivalent density, through the issuance of a special permit granted by the Planning Board, for a project, comprised of one or more parcels of land in the same ownership or control, that could be divided into multiple lots on a conventional subdivision plan meeting all dimensional and upland requirements of the bylaw and consistent with the :3 71 § 139-2 § 139-2 Rules and Regulations Governing the Subdivision of Land, as may be amended by the Planning Board from time to time, as demonstrated by the submission of a dimensioned lotting plan, with no commercial or other uses, shall be allowed in the following, districts:[Added 4-5-2014 ATM by Art. 68, AG approval 5-7-2014; amended 4-2-2016 ATM by Arts. 36, 60, AG approval 7-12-2016; 11-6-2017 STM by Art. 20, AG approval 2-26-2018] (1) CN/VN — one dwelling unit is permitted for each 2,500 square feet of lot area. (2) CMI — One dwelling unit is permitted for each 1,250 square feet of lot area. The Planning Board shall be the special permit granting authority. AQUIFER — A geological formation that stores and transmits significant quantities of recoverable water. ARCADE — A place or facility where any electric or electronic machine, such as pinball or other similar electronic games, is played for amusement only. Shall not be construed so as to include bingo games, juke boxes, children's mechanical rides (e.g., horses, rocket ships), or machines that sell merchandise nor shall it be construed so as to include gambling devices or any other devices prohibited by law.2[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] AUTOMOBILE SERVICE STATION — Any building, structure or land used primarily for the dispersal, sale, or offering for sale of automotive fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement or rebuilding, body and fender repair, or painting.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] AVERAGE MEAN GRADE — [Added 4-12-1994 ATM by Art. 55, AG approval 4-29-1994] (1) Average mean grade shall be the average of the mean grades established along the median grade line. There shall be only 2. Editor's Note:The former definition of"assisted-independent-living community,"added 4-10-2000 ATM by Art. 27,AG approval 8-2-2000,which immediately followed this definition,was repealed 9-21-2009 STM by Art. 16,AG approval 12-11-2009. :4 72 § 139-2 § 139-2 one average mean grade for each continuous median grade line. (2) Where a side does not have continuous existing and/or finish grade lines, caused by retaining walls or horizontal breaks created by setbacks or protrusions, the average mean grade shall be the average of separately calculated average mean grades for each separate continuous median grade line and shall be proportional to the horizontal length of each continuous median grade line. BAKERY — An establishment primarily engaged in the retail sale of baked goods for off-site consumption. A bakery may include, as an accessory use, wholesale distribution of goods prepared on the site.3[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 11-6-2017 STM by Art. 18, AG approval 2-26-2018] BUILDING — A structure forming a shelter for persons, animals or property and having a roof. Where the context allows, the word "building" shall be construed as though followed by the words "or part thereof." BUILDING AND STRUCTURE HEIGHT — [Added 4-12-1994 ATM by Art. 55, AG approval 4-29-1994; amended 4-12-1999 ATM by Art. 30, AG approval 8-10-1999; 4-2-2016 ATM by Art. 60, AG approval 7-12-2016] (1) The height of the building or structure shall be established for each side. (2) There shall only be one highest point for each building or structure. (3) No one building and/or structure side shall exceed 32 feet, except in the CDT and CMI Districts, or as otherwise permitted. (4) Where a side does not have continuous existing and/or finish grade lines, the average mean grade shall be the average of separately calculated average mean grades of each separate continuous median grade line. BUILDING, DETACHED — A building surrounded by an open space on the same lot. 3. Editor's Note:The definition of"breezeway," as amended,which immediately followed this definition,was repealed 11-6-2017 STM by Art. 18,AG approval 2-26-2018. :5 73 § 139-2 § 139-2 BUILDING ENVELOPE —The sole area on a lot, less than allowed by applicable setback requirements, for the placement of a building or other structures. [Added 11-13-1990 STM by Art. 19, AG approval 3-19-1991] BUILDING COMMISSIONER — The chief official of the Town of Nantucket who is responsible for the administration and enforcement of Code of Massachusetts Regulations 780, State Board Building Regulations and Standards.[Added 4-10-2000 ATM by Art. 36, AG approval 8-2-2000; amended 4-2-2016 ATM by Art. 60, AG approval 7-12-2016] BUILDING INSPECTOR— The Building Commissioner, or.his/her designee, otherwise referred to in this chapter as the "Inspector of Buildings." [Amended 4-10-2000 ATM by Art. 46, AG approval 8-2-2000] BUILDING, PRINCIPAL — A nonaccessory building on a lot in which a principal use is conducted. BULK MERCHANDISE RETAIL — The sale of goods that require a large amount of floor space and which involves goods both warehoused and retailed at the same location. Items for sale include large, categorized products such as household appliances, furniture, construction and lawn equipment, electrical and heating fixtures and supplies, plumbing fixtures and supplies.4[Added 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] CATERING SERVICE — An establishment in which food, meals, and incidental services are prepared and then delivered to another location for consumption.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] CLINIC, MEDICAL OR DENTAL — Offices organized as a unified facility by one or more physicians, dentists, chiropractors or other licensed practitioners to provide medical, or dental treatment and examination, but not including bed-patient care.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] CLUB — Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a 4. Editor's Note:The definition of"capital improvements,"which immediately followed this definition,was repealed 4-6-2015 ATM by Art. 64,AG approval 8-5-2015. :6 74 § 139-2 § 139-2 business.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] COMMERCIAL — As in a trade, occupation, or business, including a transient residential facility, but excluding governmental, religious or private residential uses. COMMERCIAL WECS —A WECS designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a residential WECS. CONSTRUCT — To build, erect or assemble. 5 CONTRACTORS SHOP — An establishment used for the indoor repair, maintenance, or storage of a contractor's vehicles, equipment, or materials, and may include the contractor's business office but which does not use any exterior storage area.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] CONVENIENCE STORE — A retail store offering for sale groceries and household items intended for the convenience of the neighborhood with a floor area of less than 2,500 square feet; does not include automotive service stations or vehicle repair shops.[Added 4-8-2008 ATM by Art. 28, AG approval - 8-18-2008] COUNTRY OVERLAY DISTRICT — The overlay district described in § 139-12F.6[Added 4-9-2002 ATM by Art. 37, AG approval 7-31-2002] DAY-CARE CENTER — Any institution or place which receives for temporary custody, separate and apart from their parents, five or more children not of common parentage, under seven years of age, during part or all of the day, with or without stated educational purposes. DISPOSAL —Any discharge, deposit, injection, dumping, spilling, leaking or placing so that waste may enter ground or surface water. DOCK or PIER or WHARF — Each such word shall mean the same for purposes of this chapter, and shall be used interchangeably, either singularly or in the plural, in the conjunctive or in the 5. Editor's Note:The definition of"construction,"which immediately followed this definition, was repealed 4-6-2011 ATM by Art. 64,AG approval 9-15-2011. 6. Editor's Note:The definition of"CPI,"which immediately followed this definition,was repealed 4-6-2011 ATM by Art. 64,AG approval 9-15-2011,and the definition of "customary home occupation,"which immediately followed was repealed 1-8-2001 STM by Art. 5,AG approval.4-10-2001. See now the definition of"home occupation. :7 75 . § 139-2 § 139-2 disjunctive, and shall mean any structure, floating or fixed, attached or adjacent to land, and placed in or and extending into coastal inland waters (in the case of tidal waters, seaward of the mean high tide line) which is designed, or is suitable for use, for access to vessels,.or for swimming or any other similar recreational, commercial, or educational purpose.7[Added 4-10-2000 ATM by Art. 30, AG approval 8-2-2000] DRIVEWAY ACCESS — A vehicular access point onto any public way, private way or any way customarily used by the public for purposes for which a public way is generally used in the Town or County of Nantucket.' [Added 4-9-2001 ATM by Art. 27, AG approval 8-2-2001] DUPLEX — A structure containing two dwelling units, but not including primary dwelling with an accessory dwelling unit or tertiary dwelling unit contained therein. In the R-1 District only, both dwelling units shall be in the same ownership. A duplex shall not be construed to include a primary dwelling and secondary dwelling as defined in this chapter.[Added 4-6.2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-6-2015 ATM by Art. 64, AG approval 8-5-2015; 11-6-2017 STM by Art. 18, AG approval 2-26-2018] DWELLING UNIT — A room or enclosed floor space used, or to be used, as a habitable unit for one family or household, with facilities for sleeping, cooking and sanitation. ELDER HOUSING FACILITIES — One or more structures used for independent living, assisted living, skilled nursing care, hospice care, and other long-term residential care for persons 55 or older or the disabled. Such structures may be detached dwelling units, attached dwelling units, integrated dwelling units, and/or multiple-bedroom long-term care facilities, as well as associated and ancillary facilities and services.[Added 4-10-2000 ATM by Art. 27, AG approval 8-2-2000; amended 9-21-2009 STM by Art. 16, AG approval 12-11-2009] ELIGIBLE HOUSEHOLD — A household whose total annual income is less than 150% of the median annual household income for Nantucket County as determined by the most recent calculation of the U.S. Department of Housing and Urban Development.[Amended 11-13-1990 STM by Art. 18, AG 7. Editor's Note:The definition of"dormitory housing,"added 4-9-2001 ATM by Art..38,AG approval 8-2-2001,which immediately followed this definition,was repealed 4-8-2008 ATM by Art. 55,AG approval 8-18-2008. - 8. Editor's Note:The definition of"dwelling,"which immediately followed this definition,was repealed 4-6-2009 ATM by Art. 27,AG approval 8-10-2009. :8 76 § 139-2 . § 139-2 approval 3-19-1991; 4-8-2008 ATM by Art. 57, AG approval 8-18-2008] EMPLOYER DORMITORY — A dwelling on a lot occupied by a legally permitted or nonconforming commercial or nonprofit recreational use, or on an adjoining lot under the same ownership, all located outside of the TOD in which sleeping accommodations for more than five persons are provided by one or more employers, with occupancy limited solely to their employees.[Amended 4-10-2000 ATM by Art. 31, AG approval 8-2-2000; 4-9-2001 ATM by Art. 37, AG approval 8-2-2001; 4-9-2001 ATM by Art. 38, AG approval 8-2-2001; 4-8-2008 ATM by Art. 55, AG approval 8-18-2008; 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] ERECT — To construct or reconstruct or excavate, fill, drain or conduct physical operations of any kind in preparation for or in pursuance of construction or reconstruction; or to move a building or structure upon a lot. FAMILY — One or more persons occupying a dwelling unit and living as a single household.[Amended 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] FLOOD HAZARD DISTRICT — An overlay district to all other districts. The district includes all special flood hazard zones designated as Zone A, AH, AO, A5-8, V5-8, and the FEMA Flood Boundary and Floodway Map, all of which indicate the one- hundred-year regulatory floodplain on Nantucket's Flood Insurance Rate Map (FIRM), dated July 2, 1992, and issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). Exact boundaries are further defined by the Flood Insurance study booklet dated June 3, 1986. The FIRM, and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner, and Conservation Commission. [Added 5-4-1993 ATM by Art. 44, AG approval 5.-24-1993] FLOOR AREA, GROSS — The sum of the areas of the several floors of the structure, as measured by the exterior faces of the walls, including fully enclosed porches and the like as measured by the exterior limits thereof, but excluding basement and cellar areas devoted exclusively to uses accessory to the operation of the structure; and areas devoted to housing mechanical equipment customarily located in the basement or cellar, such :9 77 § 139-2 § 139-2 as heating and air-conditioning equipment, plumbing, electrical equipment, and residential laundry facilities. FOOD PROCESSING ESTABLISHMENT — Manufacturing establishments that produce or process foods for consumption. Includes: (1) bakery products, sugar and confectionery products primarily for wholesale distribution, but not including a "bakery" as herein defined; (2) dairy products processing; (3) fats and oil products (including rendering plants); (4) fruit and vegetable canning, preserving, and related processing; (5) grain mill products and by-products; (6) meat, poultry, and seafood canning, curing, and byproduct processing; and (7) distilleries.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008; amended 11-6-2017 STM by Art. 18, AG approval 2-26-2018] FORMULA BUSINESS — A type of retail sales establishment, restaurant, tavern, bar, or take-out food establishment which is under common ownership or control or is a franchise, and is one of 10 or more other businesses or establishments worldwide maintaining two or more of the following features:[Added 4-4-2006 ATM by Art. 42, AG approval 10-26-2006; amended 4-2-2013 ATM by Art. 31, AG approval 7-26-2013] (1) Standardized menu or standardized array of merchandise with 50% or more of in-stock merchandise from a single distributor bearing uniform markings. (2) Trademark or service mark, defined as a word, phrase, symbol or design, or a combination or words, phrases, symbols or designs, that identifies and distinguishes the source of the goods from one party from those of others, on products or as part of store design, such as cups, napkins, bags, boxes, wrappers, straws, store signs or advertising devices. (3) Standardized color scheme used throughout the interior or exterior of the establishment, including, but not limited to, graphics, awnings, signage, and the like visible from the exterior of the structure. (4) Standardized interior decor, including, but not limited to, style of furniture, wall coverings, permanent fixtures, displays, window treatments. (5) Standardized uniform, including but not limited to aprons, pants, shirts, smocks or dresses, hat, and pins (other than name tags). :10 78 . § 139-2 § 139-2 FRONTAGE — The lineal extent of the boundary between a lot and an abutting street measured along a single street line affording legal and practical access to the lot. For a lot abutting two or more streets, frontage is measured along any single street line of the lot. Frontage shall not include jogs in street width, backup strips and other irregularities in street line, such as at a turning "T" or hammerhead turnaround or street-width change. GARAGE — A building for covered shelter of one or more motor vehicles. A garage shall be for vehicle parking at grade, or for commercial storage, repair, washing, painting or other servicing of motor vehicles. The Planning Board shall be the special permit granting authority for residential garages serving as a primary use on a lot.[Amended 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] GARAGE APARTMENT — A dwelling unit located within a residential or commercial garage. The dwelling unit shall not exceed 150% of the gross floor area of the garage. If located on the same lot as a primary dwelling unit, the following requirements shall be applicable:[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-6-2011 ATM by Art. 64, AG approval 9-15-2011] (1) Both dwelling units shall be in the same ownership unless one of the two dwelling units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is a separate beneficial ownership of the primary dwelling and garage apartment on the lot.shall not be deemed to constitute "the same legal and beneficial ownership." (2) The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a building permit. Planning Board approvals granted after April 8, 1996, shall be valid for a period of two years from the date of plan endorsement. GROUND COVER — The horizontal area of a lot covered at grade by structures, .together with those portions of any overhangs which contain enclosed interior space; excluding, for instance, tents, retaining walls, substantially below grade finished or unfinished space, exterior insulation, decks, unenclosed porches, unenclosed roofed overhangs and connectors, entryway hoods and projections, gazebos, pergolas, play structures, platforms and steps, docks, game playing courts at grade, exterior in- :11 79 . § 139-2 § 139-2 ground residential swimming pools, exterior in-ground or above grade hot tub/spas, chimneys, bulkheads, bay and bow windows, window wells, unenclosed breezeways, air conditioning units, generators and generator enclosures, mechanical and utility equipment unroofed walled enclosures, exterior showers, fuel tanks, roof eaves, trash bins, and detached sheds not exceeding 200 square feet in ground cover and 16 feet in height, as measured from the top of the slab, pier, or crawl space foundation.[Added 4-15-2003 ATM by Art. 48, AG approval 8-27-2003; amended 4-5-2014 ATM by Art. 68, AG approval 5-7-2014; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015; 11-6-2017 STM by Art. 18, AG approval 2-26-2018; 4-1-2019 ATM by Art. 49, AG approval 8-6-2019; 4-1-2019 ATM by Art. 56, AG approval 8-6-2019] GROUND COVER RATIO — The ground cover upon a lot divided by the area of the lot, expressed as a percentage.[Amended 4-12-1999 ATM by Art. 29, AG approval 8-10-1999; 4-15-2003 ATM by Art. 48, AG approval 8-27-2003] HAZARDOUS OR TOXIC MATERIALS — Liquid hydrocarbon products, including but not limited to residual oil, gasoline, fuel oil, diesel oil and any other toxic, caustic or corrosive chemicals, radioactive materials and other substances defined as being hazardous or toxic by the Massachusetts Division of Hazardous Waste under the provisions of MGL c. 21C and c. 21E. [Amended 5-4-1993 ATM by Art. 42, AG approval 5-24-1993] HEALTH SPA — A place or building where massage, beauty treatment, cosmetic procedures, and related activities take place.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] HISTORICAL HIGH WATER TABLE — The highest groundwater elevation that is likely to occur at a given location, based on calculations made in accordance with the high groundwater methodology specified in the U.S.G.S. Water Resource Investigations Circular #83-4112 by Frimpter et al., and any subsequent revisions. [Added 4-14-1997 ATM by Art. 48, AG approval 8-18-1997] HOME OCCUPATION — An occupation, trade, profession, or business activity conducted as an accessory use wholly or partly within a dwelling unit or in one or more . accessory structures.[Added 1-8-2001 STM by Art. 5, AG approval 4-10-2001; amended 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] :12 80 § 139-2 § 139-2 (1) Home occupations shall be subject to the following requirements: (a) The home occupation shall be conducted by occupants of a dwelling upon the lot, and not more than one additional worker who is not an occupant of a dwelling upon the lot. (b) There shall be no exterior storage of material or equipment, unless effectively screened by a wall, fence or densely planted vegetative buffer. (c) The gross floor area used in connection with the home occupation shall not exceed 800 square feet, not.more than 200 square feet of which shall be used for retail sales. (d) The home occupation, as projected, shall not generate an average daily traffic generation during the months of June through September that exceeds 14 vehicle trips per day. (e) A use permit shall be obtained from the Building Commissioner for the home occupation. (f) There shall be no retail sales except of commodities prepared, crafted or otherwise produced upon the lot. (2) Special permit relief. A special permit may•be granted by the special permit granting authority for a home occupation (including multiple home occupations upon the same lot, collectively) which employs more than one nonresident of the lot, or which conducts retail sales in a gross floor area exceeding 200 square feet, provided that all of the other requirements are met and the criteria for the granting of a special permit under § 139-30 are met, and a home occupation for which a special permit is granted hereunder shall be subject to the provisions for minor site plan review under § 139-23.9 HOSPITAL — A health care facility providing patient treatment with specialized staff and equipment, including, but not limited to, bed-patient care, medical testing facilities, wellness center, rehabilitation facilities, medical offices (i.e., medical clinic), and ancillary facilities customarily associated with a hospital such as a helicopter landing pad, employee housing, maintenance facilities, retail sale of convenience and gift related items, and 9. Editor's Note:The former definition of"household,"which immediately followed this definition,was repealed 4-6-2015 ATM by Art. 64,AG approval 8-5-2015. :13 81 § 139-2 § 139-2 cafeteria and food services. A hospital shall be exempt from § 139-11.[Added 4-6-2015 ATM by Art. 70, AG approval 8-5-2015] HOT TUB/SPA — A structure designed to be used for recreational purposes accessory to a principal use, either above or below grade, containing water more than 24 inches in depth and less than 150 square feet of water surface area. This shall not include ornamental ponds, decorative water features, including, but not limited to, fountains, bird baths, and the like.[Added 11-6-2017 STM by Art. 18, AG approval 2-26-2018] HOTEL A building or buildings on a lot containing a commercial kitchen and rental sleeping units without respective kitchens, primarily the temporary abode of persons who have a permanent residence elsewhere.[Amended 4-6-2009 ATM by Art. 27, AG approval 8-10-2 009] IMPERVIOUS — For the purpose of enforcing the provisions of the Public Wellhead Recharge District, the term "impervious" shall mean those surfaces which will result in little or no infiltration of stormwater through underlying soil layers. Surfaces such as concrete, bituminous concrete, brick, or similar interlocking surfaces which have no interstitial gaps or openings shall be considered impervious. The designated review authority shall determine whether alternative paving surfaces which have interstitial openings can be deemed to reduce the impervious coverage of a lot. [Added 4-14-1997 ATM by Art. 48, AG approval 8-18-1997] INCLUSIONARY UNIT Any rental dwelling unit required pursuant to § 139-11J restricted to employee occupancy.10[Amended 11-13-1990 STM by Art. 18, AG approval 3-19-1991; 4-14-1997 ATM by Art. 48, AG approval 8-18-1997; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] JUNK YARD — A structure or lot used in connection with a business for collection, storage, or sale of waste or scrap materials.[Added 4-5-2014 ATM by Art. 68, AG approval 5-7-2014] KENNEL— A building for the boarding for pay or hire-of four or more dogs. 10.Editor's Note:The former definition of"independent living cottages,"added 4-10-2000 ATM by Art. 27,AG approval 8-2-2000,which immediately followed this definition,was repealed 9-21-2009 STM by Art. 16,AG approval 12-11-2009. :14 82 § 139-2 § 139-2 LANDSCAPE CONTRACTOR — A business engaged in the decorative and functional alteration, planting, and maintenance of grounds. Such a business may engage in the installation and construction of underground improvements but only to the extent that such improvements (e.g., drainage facilities) are accessory to the principal business and are necessary to support or sustain the landscaped surface of the ground.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] LARGE SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION — A solar photovoltaic system that is structurally mounted on the ground and is not roof-mounted and has a minimum nameplate capacity of 250 kW DC.[Added 4-1-2019 ATM by Art. 62, AG approval 8-6-2019] LIGHT MANUFACTURING — An establishment engaged in the indoor manufacturing, processing, or fabrication of materials or products.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] LODGING, ROOMING OR GUEST HOUSE — A building or buildings on a lot containing rental sleeping units without respective kitchens, and not having a commercial kitchen, primarily the temporary abode of persons who have a permanent residence elsewhere.[Amended 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] LOT—A tract of land in common ownership, including land under water, not divided by a street, which may include multiple parcels of adjacent land in common ownership to the extent necessary to eliminate or minimize zoning nonconformities. However, two or more adjacent parcels in common ownership, each of which complies with all applicable zoning requirements, or each of which has been lawfully improved with one or more dwellings conforming to all applicable zoning requirements; if any, at the time of construction thereof, and each of which parcels was in compliance with area and frontage requirements applicable thereto at the time of such construction, shall be considered to be separate lots for all purposes under this chapter, notwithstanding any subsequently effective amendment to this chapter. [Amended 4-12-1994 ATM by Art. 50, AG approval 4-29-1994] LOT AREA — The horizontal area of the lot exclusive of any area in a street or private way open to the public use or. land seaward of the mean high tide line of any harbor, sound, ocean or estuary. For any lot created after November 14, 1990, 90% of :15 83 . § 139-2 § 139-2 the minimum lot area required for the zoning district in which such lot is situated must be exclusive of areas subject to the protection under the Wetlands Protection Act, MGL c. 131, § 40, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute. In addition, for any lot created after April 5, 2011, the wetlands defined in the local Wetlands Bylaw, Chapter 136 of the Code of the Town of Nantucket, shall also apply, not including areas defined as land subject to coastal storm flowage, coastal flooding or inundation, or any area defined as a buffer zone under such statute.[Amended 11-13-1990 STM by Art. 16, AG approval 3-19-1991; 5-5-1992 ATM by Art. 36, AG approval 8-3-1992; 4-4-2011 ATM by Art. 60, AG approval 9-15-2011] LOT LINE — A line bounding a lot, including a street line or an interior line which divides the lot from another lot, or a natural boundary line for a lot. LUMBERYARD — A facility where building materials such as lumber, plywood, drywall, cement blocks, roofing materials, insulation, and the like, including related products such as wallpaper, plumbing and electrical supplies, paint, glass, and hardware, are stored and sold.[Added 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] MAJOR COMMERCIAL DEVELOPMENT — See § 139-11. MARIJUANA ESTABLISHMENT, RECREATIONAL — Amarijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business as defined in MGL c. 94G, § 1, and 935 CMR 500.00, unless otherwise defined in this section. Recreational marijuana establishments are subject to the following standards:[Added 11-6-2017 STM by Art. 2, AG approval 2-26-2018; amended 10-10-2018 STM by Art. 1, AG approval 8-6-2019] (1) Recreational marijuana establishments shall be located in standalone facilities and shall not be allowed within a building or structure containing other retail, commercial, residential, industrial, or other uses, except for colocation with a licensed medical marijuana treatment center. (2) A minimum separation of 500 feet, measured between lot lines, is required between recreational marijuana establishments and state-certified public or private schools or state-licensed day-care centers. :16 84 § 139-2 § 139-2 (3) Except where co-located, a minimum separation of 2,000 feet, measured between lot lines, is required between recreational marijuana establishments. (4) No building permit for a recreational marijuana establishment shall issue until the applicant has executed a host community agreement with the Town pursuant to MGL c. 94G, § 3(d). (5) A recreational marijuana establishment shall be required to obtain an annual certificate of inspection issued by the Inspector of Buildings. (6) A recreational marijuana retailer must operate and provide all storage within a permanent structure. (7) A recreational marijuana establishment shall not be eligible for qualification as a home occupation. (8) On-site consumption of marijuana products is prohibited. (9) Delivery of cannabis products to consumers is prohibited. (10)A special permit for a recreational marijuana establishment shall be limited to the applicant at the time of special permit issuance. Any changes to the owner/operator/licensee shall require a new special permit. (11)A recreational marijuana establishment shall not generate outside odors from the processing or manufacturing of marijuana or marijuana products. (12)An applicant for a special permit for a recreational marijuana establishment shall obtain a provisional license from the Cannabis Control Commission prior to submitting an application to the Planning Board for a special permit. MARIJUANA MEMBERSHIP CLUB — An organization, club, lodge, other private grounds allowing on-site consumption of cannabis or marijuana products, but not operating as a licensed marijuana social consumption operator and where no sales occur.[Added 10-10-2018 STM by Art. .1, AG approval 8-6-2019] MARIJUANA PRODUCTS — Cannabis or marijuana and its products unless otherwise indicated. and as defined in MGL c. 94G, § 1, as may be amended. These include products that have been manufactured and contain cannabis or an extract from cannabis or marijuana, including concentrated forms of :17 85 § 139-2 § 139-2 marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.[Added 10-10-2018 STM by Art. 1, AG approval 8-6-2019] MARIJUANA TREATMENT CENTER, MEDICAL — A premises approved under a medical use marijuana license pursuant to MGL c.94I that acquires, cultivates, processes, transports, sells, distributes, dispenses or administers marijuana for the benefit of registered qualifying patients in the treatment of debilitating medical conditions or the symptoms thereof. Medical marijuana treatment centers are subject to the following standards:[Added 11-6-2017 STM by Art. 2, AG approval 2-26-2018]_ (1) Medical marijuana treatment centers shall be located in. standalone facilities and shall not be allowed within a building or structure containing other retail, _ commercial, residential, industrial, or other uses, except for co-location with a licensed recreational marijuana establishment. (2) A minimum separation of 500 feet, measured between lot lines, is required between medical marijuana treatment centers and state-certified public or private schools or state- licensed day-care centers. (3) No building permit for a medical marijuana treatment center shall issue until the applicant has executed a Host Community Agreement with the Town pursuant to MGL c.94G; § 3(d). MARITIME SERVICE STATION — A marine establishment which may include, but not be limited to, boat fuel sales, boat sales, boat rental, boat construction, boat maintenance, repair, and incidental painting, and marine equipment sales or rental.[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] MEAN GRADE — The median grade line established between existing grade and finish grade measured along a line four feet from the perimeter of the building or structure, extended four feet beyond the building or structure at each end. [Amended 4-12-1994 ATM by Art. 55, AG approval 4-29-1994] MEANS OF ACCESS — A way affording vehicular access to a lot and across the line of the way [or lot line, for lots within the scope of § 139-33E(1)(b) below] and having sufficient width, suitable grades and adequate construction to provide for the year-round needs of vehicular traffic in relation to the way's prospective use :18 86 § 139-2 § 139-2 and for the installation of utility services.11[Amended 5-5-1992 ATM by Art. 44, AG approval 8-3-1992] MINING .— The removal of any geologic material, including but not limited to topsoil, sand, gravel and clay, not to include removal associated with on-site road and building construction.12 MOTOR VEHICLE PARKING LOTS OR STRUCTURES — A commercial use dedicated to exterior or interior vehicular parking. Motor vehicle parking lots or .structures that are constructed to meet the off-street parking requirements of § 139-18 'of this chapter shall not be considered a separate use from the use requiring the off-street parking.[Added 4-2-2016 ATM by Art. 60, AG approval 7-12-2016] MUNICIPAL Of or by the Town of Nantucket, the County of Nantucket, or any agency, board or department thereof; and specifically including the Nantucket Islands Land Bank.[Added 4-6-2015 ATM by Art. 66, AG.approval 8-5-2015] NANTUCKET HOUSING NEEDS COVENANT-OWNERSHIP FORM — Shall mean a covenant affecting the title to real property; created pursuant to.Chapter 100 of the Code of the Town of Nantucket, which relates to and regulates the terms of the purchase, sale and ownership of real property not held as a condominium (the "NHNC-Ownership Form").[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] NEIGHBORHOOD EMPLOYEE HOUSING — Housing for the exclusive use of employers who own or lease space on a lot, for the purpose of housing their employees, their spouses, domestic partners and'dependents. A maximum of two dwelling units shall be permitted per lot with occupancy limited to a total of 18 persons. In,the R-1, ROH, R-5, R-10, R-20, and R-40 Districts only, there shall:be. no more than two lots containing neighborhood employee housing or employer dormitory units (conforming or preexisting nonconforming), within a 1,000 foot radius. The Planning Board shall be the special permit granting authority. 11.Editor's Note:The former definition of"medical marijuana treatment center,"which immediately followed this definition,was amended 4-5-2014 ATM by Art.68 to become "registered marijuana dispensary,"which was repealed 11-6-2017 STM by Art. 2,AG approval 2-26-2018. 12.Editor's Note:The former definition of"motel,"which immediately followed this definition,was repealed 4-6-2009:ATM by Art. 27,AG approval 8-10-2009.The former definition of"multi-family dwelling,"added 4-10-2000 ATM by Art. 33,AG approval 8-2-2000,as amended,which also followed this definition,was repealed 4-2-2013 ATM by Art.30,AG approval 7-26.-2013.The former definition of"moderately priced housing," which also followed this definition,:added 4-12-1994 ATM by Art.48,AG approval 4-29-1994,and amended 4-8-2008 ATM by Art.29,AG approval 8-18-2008,was repealed 4-6-2015 ATM by Art.64,AG approval 8-5-2015. :19 87 . § 139-2 § 139-2 Site plan review in accordance with § 139-23 and the submission of a dormitory management plan shall be required.[Added 4-9-2001 ATM by Art. 37, AG approval 8-2-2001; amended 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] NONCONFORMING STRUCTURE, USE OR LOT — A structure or a use or lot that does not conform to a zoning restriction of this chapter for the zoning district in which it is located, provided that the nonconformity was lawfully in existence on the July 27, 1972, effective date of this chapter, or in the case of a structure, use or lot made nonconforming by an amendment of this chapter, on the effective date of such amendment.13 OFFICE — The building, room or building space where the clerical work of a business, trade or occupation, or profession is conducted or where the work of administration is conducted. Commercial office space shall not include any trading in merchandise or manufacturing or fabricating. OPEN AIR MARKET — An occasional or periodic market held in an open area or in a structure where groups of individual sellers licensed by the Board of Selectmen offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed from booths located on- site.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] OPEN LAND — A parcel or parcels of land or an area of water or wetlands or a combination of land and water or wetlands, not including streets, set aside in an undeveloped state. ORIGINAL LOT —An existinglot, dividable into two lots pursuant to § 139-8C.[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-2-2016 ATM by Art. 54, AG approval 7-12-2016] OUTBUILDING(S) — Detached accessory residential structure(s) such as a cabana, barn, hoop barn, shanty, greenhouse, gazebo, playhouse, fitness studio, home office, but not including dwelling units or structures used for habitation, studios, or sheds.[Added 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] OWNER OCCUPIED — The primary residence, or temporary (seasonal) residence, of a person(s) or the individual beneficiaries of a legal entity that holds title to the property, where such 13.Editor's Note:The definition of"occupied,"which immediately followed this definition, was repealed 4-6-2015 ATM by Art.64,AG approval 8-5-2015. :20 88 § 139-2 § 139-2 persons are physically present and living within dwelling units on said property for at least three months each calendar. year. Properties owned by corporations and the like, time sharing interval dwelling units, or where all units are made available for rent do not qualify as owner occupied.[Added 4-6-2015 ATM by Art. 62, AG approval 8-5-2015] OWNERSHIP — Record title to land, as shown upon deeds or other documents of title on file at the Nantucket Registry of Deeds, the Nantucket Registry District of the Land Court, the Registries of Probate, or other applicable public offices.[Added 4-6-2015 ATM by Art. 65, AG approval 8-5-2015] PARKING SPACE — An area dedicated to the parking of a motor vehicle meeting the requirements of § 139-18.[Added 4-9-2001 ATM by Art. 27, AG approval 9-2-2001; amended 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] PARKING SPACE: TANDEM/STACKED A group of two or more parking spaces arranged one behind the other where one space blocks access to the other space.[Added 4-15-2003 ATM by Art. 30, AG approval 8-27-2003] PERSONAL SERVICES — Establishments providing services generally related to personal non-medical needs, including, but not limited to: beauty and barber, clothing rental, garment repair, and shoe repair shops, tanning salons, photography studios, psychic reading, tattoo or body piercing studio, upholster shop, personal training. These uses may also include accessory retail sales of products related to the services provided. No personal service establishment shall exceed 3,000 square feet of floor area, and the aggregation of such service establishments on a lot (or on contiguous lots in one ownership) shall not exceed 4,000 square feet of floor area.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008; amended 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; 4-6-2015 ATM by Art. 64, AG approval 8-5-2015] PERSONAL WATERCRAFT — A small vessel of less than 16 feet in length which uses an inboard motor powering a waterjet pump or a propeller as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional manner of sitting or standing inside a vessel. This term includes jet skis, wet bikes and surf jets.[Added 4-8-2008 ATM by Art. 49, AG approval 8-18-2008] :21 89 § 139-2 § 139-2 PHARMACY — An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, home and personal care products, and related supplies.[Added 4-8-2008 ATM by Arta 28, AG approval 8-18-2008] PRIMARY DWELLING — A detached single-family dwelling unit or the portion of a structure that contains a single dwelling unit. A primary dwelling may contain an attached garage.14[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-6-2011 ATM by Art. 64, AG approval 9-15-2011] PRINT SHOP — A retail establishment that provides duplicating services . using photocopying, blueprint, and offset printing. equipment and may include the collating and binding o_f booklets and.reports.[Added-4-8-2008 ATM by Art. 28, AG approval 8-18-2008] QUALIFIED FAMILY MEMBER DEED RESTRICTION — A deed restriction accepted and enforceable by the town of Nantucket, which limits owner-occupancy of a subject lot to the owner of the lot at the time the lot was subdivided into secondary lots, or the owner's spouse, and/or their parent(s), grandparent(s), children, brother(s) and/or sister(s).. This deed restriction shall only be released by the Town in the event that an NHNC Ownership Form replaces this restriction.[Added 4-1-2019 ATM by Art. 48, AG approval 8-6-2019] RECHARGE — The addition of water to the saturated zone of an aquifer. [Added 4-14-1997 ATM by Art. 48, AG, approval 8-18-1997] RECREATIONAL FACILITY — Golf courses, tennis, paddle, and racquet courts, bowling alleys, fitness centers, or the like, including any uses ancillary to the recreational facility. In the R-10 District only, the recreational facility may include accessory uses such as a restaurant, catering facility, snack bar, or pro shop that operate independently from the recreational facility.15.[Added. 4=6-2009 ATM by Art. 27, AG approval ' 8-10-2009] RESIDENTIAL WECS —A WECS designed or operated to provide energy principally to the residence and accessory structures 14.Editor's Note:The former definition of"primary lot,"added 4-6-2009 ATM by Art. 27,AG approval 8-10-2009,which immediately followed this definition,was repealed 4-2-2016 ATM by Art. 54,AG approval 7-12-2016. 15.Editor's Note:The former definition of''registered marijuana dispensary,"added 4-2-2013 ATM by Art. 30,as amended,which immediately followed this definition,was repealed 11-6-2017 STM by Art. 2,AG approval 2-26-2018. See now the definitions of"marijuana establishment,recreational"and"marijuana treatment center,medical." :22 90 . § 139-2 § 139-2 located on the lot, or on contiguous lots held in common ownership. A WECS designed or operated to provide more than 50% of its rated energy production for off-site consumption shall not be considered.residential except in cases where such power is consumed by residences of adjacent property or within 1,000 feet, whichever is greater.[Amended 4-6-2009 ATM by Art. 47, AG approval 8-10-2009] SECONDARY DWELLING — A detached single-family dwelling unit located on the same lot as a primary -dwelling unit. The ground cover of the secondary dwelling shall be a• minimum of 20% less or more than the primary dwelling. The secondary dwelling may contain an attached garage. The primary and secondary dwelling must be separated by a minimum distance of 10 feet, measured at grade at the closest point between the dwellings; excluding retaining walls, window wells, platforms, decks, and steps, chimneys, bulkheads, bay windows, bow windows, roof eaves and overhangs, - air conditioning units, a maximum of two aboveground fuel tanks not to exceed 120 gallons each, trash bins, and fences. Relief from the ground cover and scalar separation requirements of this definition may be granted by a special permit issued by the Planning Board subject to a finding that the reduced separation is in harmony with the general purpose and intent of this chapter. A secondary dwelling may only be attached to the primary dwelling by, a breezeway.[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-5-2010 ATM by Art. 56, AG approval 8-5-2010; 4-6-2011 ATM by Art. 64, AG approval 9-15-2011; 4-2-2013 ATM by Art. 40, AG approval 7-26-2013; 11-6-2017 STM by Art. 18, AG approval 2-26-2018; 4-3-2018 ATM by Art. 45; AG approval 7-18=2018]. Both dwelling units shall be in the same ownership unless one of the two dwelling units is subject to the NHNC. The ownership of a lot by a condominium cooperative housing corporation, land trust, or other common interest ownership entity in which there is a separate beneficial ownership of the principal and.secondary dwellings on the lot shall not be deemed to constitute "the same legal and beneficial ownership." The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a building permit. Planning Board approvals granted after April 8, 1996, shall be valid for a :period of two years from the date of plan endorsement. :23 91 § 139-2 § 139-2 The principal purpose of secondary dwellings is to create housing opportunities through the provision of affordable rental housing for year round residents, including senior citizens,.while affording the owner of the primary residence with the opportunity to generate supplemental income. The intent of this provision is also that one of the two dwellings be designated and constructed at such scale and bulk so as to be clearly subordinate in both use and appearance. Notwithstanding any language contained herein to the contrary, any property that is owned by a validly created and existing cooperative housing corporation as of December 31, 2012, may be converted to a residential condominium form: of ownership, maintaining the separate beneficial ownership of the primary and secondary dwellings, without subjecting such property to the Nantucket Housing Needs Covenant.ls- SECONDARY LOTS — Lots created by the division of the original lot into two lots pursuant to § 139-8C. One of the two lots shall be subject to an NHNC-Ownership Form, or shall be owner-occupied by a: qualified family member, in which case the lot shall be subject to the NHNC-Ownership Form, except for the established income and asset limits, or shall be subject to a qualified family member deed restriction.[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009; amended 4-2-2016 ATM by Arts. 54, 55, AG approval 7-12-2016; 4-1-2019 ATM by Art. 48, AG approval 8-6-2019] SHED — An accessory structure for storage purposes; not designed to be served by heat or plumbing and not to be used for habitation.[Added 4-2-2013 ATM by Art. 30, AG approval 7-26-2013] SHOREFRONT LAND — A parcel or parcels of land, a portion of which is located within or abutting the mean high water line of the Atlantic Ocean, Nantucket Sound, Nantucket Harbor, Polpis Harbor, or Madaket Harbor.17[Added 4-13-1998 ATM by Art. 35, AG approval 7-31-1998] SOLAR ENERGY FACILITIES — All of the equipment, machinery, and structures used for either the primary or accessory purpose of converting, storing or transmitting electricity generated from solar energy[Added 4-1-2019 ATM 'by Art. 62, AG approval 8-6-2019] 16.Editor's Note: See Ch.100, Nantucket Housing Needs Covenant Program. 17.Editor's Note:The former definition of"sign,"which immediately followed this definition, was repealed 4-6-2011 ATM by Art. 64,AG approval 9-15-2011. :24 92 § 139-2 § 139-2 SOLID WASTE — Discarded solid material with insufficient liquid content to be free flowing, including but not limited to rubbish, garbage, scrap material,junk, refuse and inert fill material. SPECIAL PERMIT GRANTING AUTHORITY — The Board of Appeals except in those matters for-which the Planning Board is specified as having jurisdiction under this chapter. STABLE, PRIVATE — An accessory building in which horses are kept for private use, not for a fee, hire or sale. STABLE, PUBLIC — An accessory building in which any horses are kept for a fee, hire or sale. STORAGE CONTAINER — An outdoor container, such as fully enclosed semi-trailers, steel shipping containers, cargo containers, and the like, used for commercial storage of goods and materials. that are not registered vehicles themselves or situated on a registered trailer or attached to a registered vehicle. This definition does not apply to registered or unregistered boat trailers, registered vehicles or sheds.[Added 11-6-2017.STM by Art. 21, AG approval 2-26-2018] STREET — (1) A public way or a way which the Town Clerk certifies is maintained and used as a public way; or (2) A way shown on a plan approved and endorsed by the Nantucket Planning Board in accordance with the Massachusetts Subdivision Control Law18 and which has been improved and constructed in accordance with the requirements of such approval; or (3) A way in legal and physical existence when the Subdivision Control Lawi9 became effective on Nantucket i on February 1, 1955, which has sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon and served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. [Amended 5-5-1992 ATM by Art. 44, AG approval 8-3-1992; 11-6-2017 STM- by Art. 18, AG approval 2-26-2018] 18.Editor's Note: See MGL c.41, §81K et seq. 19.Editor's Note: See MGL c.41§81K et seq. . . . :25 93 § 139-2 § 139-2 STREET LINE — The line separating a street from a lot as duly determined by matters of record. STRUCTURE — Anything constructed or erected, the use of which requires a fixed location on the ground. "Structure" shall be construed, where the context allows, as though followed by the words "or part thereof" and shall include, but not be limited to, buildings, retaining walls which support buildings, platforms, antenna towers, steel storage containers, lighthouses, docks, decks, chimneys, tents, and game courts. "Structure" shall not include retaining walls not exceeding four feet in height for landscaping purposes, fences, rubbish bins, underground propane tanks, stairs, access ramps, or platforms that provide the minimum Building Code compliant access to a structure and that extend into the required front, side, or rear yard setback less than a depth of three feet, and within a total area less than 20 square feet on a lot containing less than 40,000 square feet, and a maximum of two aboveground propane tanks not to exceed 120 gallons each.[Anzended 4-8-2008 ATM by Art. 63, AG approval 8-18-2008; 4-4-2011 ATM by Art. 58, AG approval 9-15-2011; 11-6-2017 STM by Art. 18, AG approval 2-26-2018; 4-1-2019 ATM by Art. 57, AG approval 8-6-2019] STUDIO —A building or a room or rooms where an artist, artisan, photographer or the like does his or her work. SUPERMARKET — Stores where most of the floor area is devoted to the sale of food products for home preparation and consumption, which typically also offer other home and personal care products, and which are substantially larger and carry a broader range of merchandise than convenience stores or pharmacies.[Added 4.8-2008 ATM by Art. 28, AG approval 8-18-2008] SWIMMING POOL - COMMERCIAL — A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and exceeding150 square feet of water surface area, or exceeding 1,000 gallons. This . shall not include ornamental ponds, decorative water features, including, but not limited to, fountains, bird baths, and the like. The swimming pool may be a primary use or accessory use to a club, recreational facility, transient residential facility, yacht/sailing club, ,or other commercial use as identified in § 139-7A.[Added 4-4-2011 ATM by Art. 58, AG approval 9-15-2011] :26 94. § 139-2 § 139-2 SWIMMING POOL - RESIDENTIAL — A structure designed to be used for recreational purposes, either above or below grade, containing water more than 24 inches in depth and.exceeding 150 square feet of water surface area, or exceeding 1,000 gallons. This shall not include ornamental ponds, decorative water features, including, but not limited to, fountains, bird baths, and the like. The swimming pool must be located on the same or contiguous lot as a residential dwelling or constructed for the benefit of a group of residences, such as a multifamily development, subdivision, or in conjunction with a neighborhood association. 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.[Added 4-4-2011 ATM by Art. 58, AG approval 9-15-2011; amended 4-1-2017 ATM by Art. 69, AG approval 5-31-2017] TAKE-OUT FOOD ESTABLISHMENT — A commercial establishment, the primary business of which is the sale of food and/or beverages, including but not limited to ice cream, sandwiches, pastries, prepared meals for consumption on or off the premises which is: [Amended 4-12-1999 ATM by Art. 31, AG approval 8-10-1999] (1) Primarily intended for immediate consumption rather than for use as an ingredient or component of meals; (2) Available upon a short waiting time; and (3) Packaged or presented in such a manner that it can be readily consumed outside the premises where it is sold. TAKE-OUT STATION — A designated area within a take-out food establishment where a cash register or other means of taking and processing orders is located.[Added 3-31-2012 ATM by Art. 56, AG approval 7-12-2012] TAXICAB BUSINESS — A service that offers transportation utilizing three or more motor vehicles to persons, including those who are handicapped, in return for remuneration.[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] TENT — A portable enclosure constructed of fabric; plastic, or a similar pliable material supported by one or more poles and secured by pegs in the ground. Tents shall not be erected for :27 95 § 139-2 § 139-2 periods exceeding 30 days per calendar year; however, tents which in the aggregate exceed 150 square feet shall not be erected for more than three events per year or periods.exceeding nine days per year, whichever is less, on properties where the principal use is residential unless a special permit from the Board of Appeals has been issued based on a determination that the use is ancillary to the residential use of the property and not a commercial use.[Added 4-6-2009 ATM by Art. 27, AG approval 8-10-2009] TERTIARY DWELLING[Added 4-6-2015 ATM by Art. 62, AG approval 8-5-2015; amended 4-2-2016 ATM by Art. 51, AG approval 7-12-2016] - (1) The tertiary dwelling shall be in the same ownership as at least one other owner-occupied dwelling unit on the lot, or shall be owned by a not-for-profit, religious, or educational entity, or shall be subject to a restriction limiting occupancy to a year-round household. (2) A third dwelling unit located on a lot, including the following options:. (a) A garage apartment not exceeding 650 square feet of gross floor area. (b) A dwelling unit attached to or within a single-family dwelling, duplex, or an outbuilding or a dwelling unit attached to a studio or shed. When a tertiary dwelling unit is the third dwelling unit, within a single structure, a special permit issued by the Planning Board is required. [Amended 4-1-2019 ATM by Art. 49, AG approval 8-6-2019] (c) A detached building containing not more than 650 square feet of ground cover and not more than 650 square feet of gross floor area. (3) In the R-5, R-10, and R-20 Districts, a maximum of eight bedrooms per lot shall be permitted at the following density: (a) R-5: 1 bedroom per each 1,000 square feet of lot area; (b) R-10: 1 bedroom per each 1,400 square feet of lot area; (c) R-20: 1 bedroom per each 2,500 square feet of lot area; :28 96 § 139-2 § 139-2 (4) Any waivers from the standards contained within Subsection (2) or (3) of this definition may be granted through the issuance of a special permit by the Planning Board. (5) The Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance of a building permit. Planning Board approvals shall be valid for a period of two years from the date of plan endorsement. TIME-SHARING OR TIME-INTERVAL-OWNERSHIP DWELLING UNIT OR DWELLING — A dwelling unit or dwelling in which the.exclusive right of use, possession or ownership circulates among various owners or lessees thereof in accordance with a fixed or floating time schedule on a periodically recurring basis, whether such use, possession or occupancy is subject to either: a time-share estate, in which the ownership or leasehold estate in property is devoted to a time-share fee (tenants in common, time- share ownership, interval ownership) and a time-share lease; or time-share use, including any contractual right of exclusive occupancy which does not fall within the definition of "time- share estate," including, but not limited to, a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond, the use being inherently transient. TINY HOUSE UNIT—A detached structure containing a dwelling unit with less than a total of 500 square feet constructed on a moveable trailer to be attached to a foundation pursuant to a building permit issued in accordance with Zoning Bylaw § 139-26. Only one tiny house unit shall be allowed per lot. The tiny house unit shall not be a recreational vehicle (commonly known as an RV), auto home, shipping container, motor vehicle, semi-trailer, camper, or boat, and shall not be located upon a lot with a commercial or other nonresidential use. The tiny house unit shall be owned by a not-for-profit, religious, or educational entity or shall be the primary residence of a person(s), or the individual beneficiary(ies) of a legal entity, that holds title, common title, or land lease to the property, or any direct family member of that person(s) (their child, parent, grandparent, or brother or sister, or their spouse's child, parent, grandparent, brother or sister). A tiny house unit may be a primary dwelling unit or may be located on a lot in lieu of an otherwise permitted secondary dwelling, garage apartment, or tertiary dwelling. If located on a lot with a primary dwelling, secondary dwelling, or garage apartment, the Planning Board shall make a determination regarding the adequacy of access to the lot and structures prior to the issuance :29 97 . § 139-2 § 139-2 of a building permit. Planning Board approvals shall be valid for a period of two years from the date of plan endorsement.[Added 4-2-2016 ATM by Art. 52, AG approval 7-12-2016] TOWN OVERLAY DISTRICT — The overlay district described in § 139-12E. [Added 4-9-2002 ATM by Art. 37, AG approval 7-31-2002] TRANSFER STATION — A handling facility where solid waste is brought, stored and transferred from one vehicle or container to another vehicle or container for transport off-site to a solid waste treatment, processing or disposal facility.[Added 4-8-2008 ATM by Art. 62, AG approval 8-18-2008] TRANSIENT RESIDENTIAL FACILITIES — Hotels; rooming, lodging or guest houses; and time-sharing or time-interval- ownership dwelling unit(s). In the ROH District only, rooming, lodging, and guest houses may be allowed by special permit for lots located entirely within a quarter-mile radius of the CDT District.[Amended 4-6-2009 ATM by Art. 47, AG approval 8-10-2009; 4-6-2015 ATM by Art. 44, AG approval 8-5-2015] TRUCK/BUS TERMINAL — A facility for the receipt, transfer, short-term storage, or dispatching of goods transported by truck or the storage, service, or maintenance of buses not in active transport of passengers. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office.20[Added 4-8-2008 ATM by Art. 28, AG approval 8-18-2008] UNENCLOSED PORCH — An unenclosed appendage, whether roof covered or not, projecting from an exterior wall(s) of a structure. An unenclosed porch may connect portions of a single building, roof, or two or more buildings.[Added 11-6-2017 STM by Art. 18, AG approval 2-26-2018] USE, PRINCIPAL — A use which is expressly permitted by this chapter (other than as an accessory use), either with a special permit or without need of one. WATER-DEPENDENT USE — Uses and facilities that require direct access to or location in coastal waters and which therefore cannot be located inland, including uses that provide general public access to those waters.[Added 4-8-2008 ATM by Art. 49, AG approval 8-18-2008] 20.Editor's Note:The former definition of"used,"which immediately followed this definition, was repealed 4-6-2015 ATM by Art. 64,AG approval 8-5-2015. :30 98 § 139-2 § 139-2 WIND ENERGY CONVERSION SYSTEMS (WECS) — Mechanisms, including all appurtenances thereto, designed or operated for the purpose of converting wind energy to electrical or mechanical power. WINDMILL — A mill operated by the wind's rotation of large, oblique sails or vanes radiating from a shaft, used as a source of power. WORKFORCE HOMEOWNERSHIP HOUSING — Ownership or rental of single-family dwelling units, pursuant to § 139-8D, where at least 25% of the total dwelling units are restricted to occupancy by households earning at or below the percentages of area median income set forth herein. An increment of 75% of the total 25% of the restricted units shall be restricted to occupancy by households earning at or below 80% of area median income. The remaining increment of 25% of the total 25% of the restricted units shall be restricted to occupancy by households earning at or below 175% of area median income.[Added 11-9-2015 STM by Art. 2, AG approval 12-2 9-2 015] WORKFORCE RENTAL HOUSING — Rental of multifamily dwelling units, pursuant to § 139-8D, where at least 25% of the total dwelling units are restricted to occupancy by households earning at or below 80% of area median income.[Added 11-9-2015 STM by Art. 2, AG approval 12-29-2015] YARD — The area of a lot to be kept free of buildings and other structures (except fences, fence gates, landscape retaining walls, mail and lamp posts, utility service poles, and pedestals, lot accessways, and docks, bulkheads, groins and other coastal engineering structures). The setback distance from any required front, side, or rear yard shall be measured from the corner board of the structure, if applicable, or the closest point (excluding:the eaves and any exterior insulation) between the structure and the lot line.[Amended 4-2=2016 ATM by Art. 60, AG approval 7-12-2016; 4-1-2019 ATM by Art. 49, AG approval 8-6-2019] YARD, FRONT — The yard extending from the street line of a lot inwardly the required front-yard setback distance. For lots abutting two or more streets or ways, whether constructed or not, the required front yard setback shall be maintained from one street or way, and the required side yard setback shall be maintained from each other lot line, except in the R-1 and RC-2 Districts, where a minimum ten-foot side .yard setback shall be maintained from any other street or way, whether constructed or not. For lots abutting one street or way, whether constructed or :31 99 § 139-2 § 139-2 not, on more than one side or portion thereof, the Planning Board may grant a waiver by special permit to allow the required side yard or rear yard setback to be maintained from such portion of the lot as the Planning Board determines to be consistent with the purpose of this definition.[Amended 11-13-1990 STM by Art. 22, AG approval 3-19-1991; 5-5-1992 ATM by Art. 45, AG approval 8-3-1992; 4-1-2019 ATM by Art. 59, AG approval 8-6-2019] YARD, REAR or SIDE — The portion of any lot lying between the buildings upon such lot and each lot line other than a line adjoining a street. ZONE II — The area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated. For the purposes of this chapter,. the Zone II is coterminous with the Public Wellhead Recharge District established under § 139-12B of this chapter. [Added 4-14-1997 ATM by Art. 48, AG approval 8-18-1997] ZONING ENFORCEMENT OFFICER — An official of the Town of Nantucket who is responsible: for the administration and enforcement of the Nantucket Zoning Bylaw in accordance with the provisions of MGL c. 40A, § 7. [Added 4-10-2000 ATM by Art. 46, AG approval 8-2-2 000] B. Word usage. "Shall" is considered mandatory and not discretionary. :32 100 Addendum E ZONING 139 Attachment 2 Town of Nantucket Use Chart (See§139-7A.). [Amended 4-6-2009 ATM by Art.27,AG approval 8-10-2009;4-4-2011 ATM by Arts.58 and 61,AG approval 9-15-2011;3-31-2012 ATM by Art.47,AG approval 7-12-2012; 4-2-2013 ATM by Art.30,AG approval 7-26-2013;4-5-2014 ATM by Art.67,AG approval 5-7-2014;4-6-2015 ATM by Arts.44,47,61,62,64,AG approval 8-5-2015; 11-9-2015 STM by Art.2,AG approval 12-29-2015;4-2-2016 ATM by Art.36,52,AG approval 7-12-2016;4-1-2017 ATM by Art.69,AG approval 5-31-2017;11-6-2017 STM by Arts.2,19,21,AG approval 2-26-2018;10-10- 2018 STM by Art.2,AG:approval 5-8-2019;4-1-2019 ATM by Art.49,AG approval 8-6-2019] A = Accessory Use as defined in§139-15 FBED= Formula Business Exclusion District N = No SP = Special Permit issued by Zoning Board of Appeals,unless the Planning Board is designated as the special permit granting authority pursuant to another section of this chapter. Y = Yes Town Town Country Country Residential Commercial Residential Commercial Use Districts Districts Districts Districts R-10 R-I ROH R-5 R-10L R-20 SR-1 SOH R-5L SR-10 SR-20 R-40 CDT CMI CN CTEC CI RC RC-2 V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Primary dwelling Y Y Y Y Y Y A A A Y N Y Y Y Y Y Y Y A A Y Y Secondary dwelling Y Y SP SP Y Y YNNNN Y Y Y Y Y Y N N N R-5L R-10L .... Accessory dwelling Y Y Y Y Y Y Y Y Y Y N Y Y Y Y Y Y Y Y Y :.. Y R-10 Y Tertiary dwelling N:W IN,, N5 "R-OL°� RNO, Y N.. ,. 'N N N N N N ' : N. Y Y Y N N. N ' :R-SL -"N�- 'SR-20� - - '- - •. ..: - Apartment N N, N N N N Y Y Y YSPNNNNNNNN. N Apartment building N '',' N- --N N' N N ..,N. SP SP N ' N. N N N -.N. N: N N SP N ' Y YR-10 Y ,1 Tiny house unit N - N - R-5 N R-101: R-20 Y ,N: N ( N - N N• N N• .N Y Y Y N N N o * N N.SR-IOR-5L N SR-20 14 Garage apartment Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y R-1 Y Y R-10 Duplex -- N -;N [`1R-I011 N N Y Y A Y N Y YNNNNNN N N SR-1 N-SR-ltl i �..... ' ;. : . .. ; : N • Workforce rental community� � -N_��'x N, .N N N N SP SP N N N N N N N N N N� '�; N " "� Elder housing facilities SP SP SP SP SP SP -N. SP SP ' N -:N SP SP SP SP SP SP ` N N N Studio A A A A A A Y Y Y Y Y Y Y A A A A A Y Y Garage—residential A/SP A/SP 6P A/SP A/SP A/SP _N N A A N A A SP A A A/SP A A A Shed A A A A A A N N A A A A A A A A A/SP A A A Outbuildings—other A A Y Y A A :N:. 'N A A A A A A A A A/SP A A A Swimming pool-residential A N A A A A A A A A N A A SP A A ASP A A Home occupations Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y V 139 Attachment 2:1 Supp 37,Apr 2019 102 NANTUCKET CODE Town Town Country Country Residential Commercial Residential Commercial Use Districts Districts Districts Districts R-10 R-1 ROH R-5 R-10L R-20 SR-1 SOH R-SL SR-10 SR-20 R-40 CDT CMI CN CTEC CI RC RC-2 V-R LUG-1 LUG-2 LUG-3 MMD VN VTEC Keeping of pets for personal use Y Y Y Y Y "Y Y Y Y Y Y Y Y Y Y Y Y Y y y Retail sales - N N N N N N Y Y- Y A A Y Y N N .N N N Y A Convenience store. N N N N N N Y Y Y N N Y . Y N N N N N SP A Alcohol sales - N N N N N N Y Y SP/A N N Y Y N N N N N A A Bakery N N .N N N N Y Y Y Y SP SP/A SP/A N N N N N Y A/SP Open-air market NNNN N N Y Y Y N N Y Y N. N N N N Y Y Pharmacy N N NNNN Y Y Y N N .Y , Y - N N N. N N N N. Supermarket NNNNN N Y Y SP 4.4 N V V N N N N N N N Restaurants .. Small(up to 70 seats) N N N N N N Y Y SP N N Y Y NNN N N SP N Large(71-200 seats) NNNNNN SP SP N N N Y Y NNN N N N N Take-out food establishment N- N N N N N. Y Y SP/A N N SP SP NNNNN A N Drive-through take-out food N N NNNNNN SP N N SP SP N N N N N. N N Tavern/Bar NNNNN N Y Y SP/A N N SP SP N N N N N A A Formula businesses Retail(includes:bakery,convenience store and pharmacy) N N N N N N N Y Y N SP rig i SP N N N N • N N N Supermarket - N N N NN N "Y Y Y N N Y Y :.. N N NNNN - N Restaurant Small(up to 70 seats) N N N N N. N N SP SP N - N S BRL N 'N N - �N N N N N Ts Large(71-200 seats) N N N N N N N SP N N N S BE N N N N N N. N N w U Takeout food establishment N N N N N N N' SP SP N N .BE NNN N N N N N § Tavern/Bar N N N N N N N SP SP N N �BEi N N N N N N N N „-, Offices N N N N N N Y Y Y A Y Y Y _ NNNNN Y A pi Theatres,auditoriums,or other places of public assembly N N NNN N Y SP SP N N Y Y N N N N N A A/SP SP SP Personal services SP SP N N SP SP Y Y Y A 'N Y Y N N N N N Y SP R-5L R-10L Print shop -II N N N N N Y Y Y Y Y SP SP N N N N N N N Laundromat or dry-cleaning establishment N N N N N N 'SP SP SP SP SP SP SP N N N N N SP - N Bank - N N N N N N Y Y Y N N Y Y N N N N N N N Automated teller machine - N N N N N N Y/A Y/A Y/A N N Y Y N N N N N A A Arcade NNNNNN N SP/A SP/A N N A A N N N N N N N Artgallery N N N N N N Y Y Y N N SP SP N N N N N Y Y Museum N N N N N N Y N SP N N Y Y N N N SP N SP N _ Catering N N N N N N N Y Y Y SP SP/A SP/A NNN N N A A Crematorium N N N N N N N N N N Y A A N N N SP' N N N SP SP Funeral home SP SP N N N N Y Y Y N Y Y Y N. N N N. N N N R-SL R-I0L Health spa N N NNN N Y Y -Y N N Y Y NNNNNN N Medical clinic N N N N N N N SP SP N N Y Y N N N N N N N Adult on-site marijuana social consumption operator N N N N N N N N N N N N N N N N N N N N Marijuana membership club N N N N N N N N N N N N .N N N N NNNN ,Marijuana establishment,recreational and marijuana treatment center,medical N N N N N N N N SP N SP N N N N N N N N N 139 Attachment 2:2 Sapp 37,Apr 2019 103 is Industrial Commercial Industrial to-3 3C 'vyr;H sm 3W' R' 0 0 0 0 0 5'WVI r g,e o y g7�S a o a n 3 o o. T ° n E . s—' 5 o m o 0 0 :H n s w cQ I o.s _gag. ;I a ',o, �' o 8 a. n fD 1.4 g m 8 o n it c H zzzzzzzzzzzzzzzzzzzzzzzzzzzzzz' zz� Z z z z z z z z z z z Z Z z Z z Z z z z z z z Z z Z z z T z z z Z z z z Z z z z z z z z z z z Z z z z Z z z z z z z Z H ry -%m F zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz z? ww or° z z z z z z z'z z z z z z z z z z z z z z z z z z z z z z z z z F',, Z Z Z z z Z Z Z Z z Z Z Z z Z Z Z Z Z Z Z Z z z Z Z Z Z Z Z z z yo 0 fb� z z z�Z z Z Z�Z •e K•!z z-e Z Z•<z z z a z z Z K Z Z K <y z y zzzbzzzzzz-ez.<b-<b;z;zzazzz.<zb.t�b zzbzzzzzz-e;-<z.e;b;;a;a;ab.eb;-e-<b -ez wo ..ebzbzzzzzz.e;.ezb;;zza;a; •eb;-ezzz z2 , n� n n 25 .e-< e e e 4,<o v-<zz 44.<44.<;a < e e e e zzz z� <zzzzzzzz.e bbb.<b; ; zz;b;zz4K-eK zg .<zzz z z zzy-<.G.�'y99-<.4444.`"y zz4y4 z zb zzz zn zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz z4 ZZZzzzzzzzzzzzzzzzzzzzzzzzzzzzz zig Vit0 z zz,z z zz z Z zz z z z z z z z z z z z z z z z z z z z z Z yj C3 v e ME ZZZZzzZZZZZZZZZZZZZZZZZZZzzZZZZ ZS 4 zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz zg Vi zzzzzzzzzzz4zzzzzzzazazbz9zz -< z > a d90 ygc ;zzzzzzz;;azzzzzzz:szabbbbbazzz z an4 a a NANTUCKET CODE Town Town Country Country Residential Commercial Residential Commercial Use Districts Districts Districts Districts R-10 R-1 ROH R-5 R-10L R-20 SR-1 SOH R-5L SR-10 SR-20 R-40 CDT CMI CN CTEC CI RC RC-2 V-R LUG-1 LUG-2 LUG-3,MMD VN , VTEC Preservation of a lot in its natural condition Y Y Y Y Y Y Y Y Y Y Y Y- Y Y Y Y Y Y Y Y Care and propagation of fish and shellfish' Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y All agricultural uses allowed by Ch.590 of the Acts of 1989,effective 3-8-1990 (including keeping of farm animals,greenhouses,truck gardens,farms,orchards Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y and nurseries) Cemeteries Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Municipal uses(any) Y Y Y Y Y Y Y Y" Y Y Y Y Y Y Y Y Y Y Y Y _ a Tents Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C Day-care center Y . Y Y Y Y Y Y Y Y _ Y Y Y Y Y Y Y Y Y Y Y Kennel SP SP SP SP SP SP SP SP SP SP SP SP _ SP SP SP SP SP SP SP SP Public stable SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP Employer dormitory N "N"CONM EENta:4 NWN 619N Lit reNagifiMiV41.1iPlIERNPR +.N.... 2,91N:t i_. N °, �N _@ SP SP SP SP .:=N.'�f^ SP SP Neighborhood employee housing SP SP SP SP SP SP SP SP SP SP SP SP SP 'I9,N . N'" N. N.1:.71 s1N , 'NS N,e' Swimming pool-commercial ENS=NMI I•NEll=Nf•MNEll IIENM MN= SP/A SP/A A MAN SP/A SP/A A A A A NINE! A A Recreational facilities SP SP' SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP Club UN SO NM tiaNra SP SP SP Y Y Y Y NS':M: Y Y 'N'''' SP SP SP `'sN '' SP SP NOTES: 'See the definition of"transient residential facility"in§139-2A. 139 Attachment 2:4 Supp 37,Apr 2019 105 Addendum F Town and County of Nantucket, MA November 4, 2022 32 Monomoy Road Appellant - Abutters Map + o4lr6o i ' ,k,. if ' t'. 547244 /� \ `O t \� 1 i54�'8! `�/ r \ 09 54 158 �-I t.. \ t. �., \ fir' Ci42 N, 54 79.1 t . . .) ... - ' :,... C.)( oiti\-, ,.../ „." 4 V \Sk5 s'7---_--, ' '.• . . . ., t., J' : C \D 54 79 \ _ . \-, / '" . '' . ': • •'d, f.``�—, .. .`.._.-- \ 'Jj` \\\f-'* 54165 Q04 -' • l \ ,. '�lz �'' sa sa z � ,� �.t�1 • �4 7,1,ikiZmilz r ,,,4 ,..- ,��^� \ �� p � QO \ °^ tea,`f� .eite_ . `.,- 4�CJL�. 54415+ FP. .4 2,. r.0.1, \.. , ' a°°••°: `�s•.. '�,'_.� '• -i , 36 .OFr �1\ i,...::::::,f.::"... :1 •:°:\, -- 9L I �2. N .'°e°°°°.•°.°°:�.:sa•� 54169.:( A J . i1 '_5' �- �'` .e � 24�! F n� O 543 it ` " 5354 ✓+• -.e0 . .''"' \•e• ° rwe e�a°°: 'rim� ' 37, It 32 ; • ' 54230.1n 1�./ !>` t- • L,( , 54 249 / .-� B�4TON \:-:°:::°�•.°/ �? /' r6:— — '\,..r sa z2oo'z1 - V�r. p. ° el .—we.. r f �. bIllr ' ' 4111/111N). iiltait .1' 'Ns...L.\. 4'641 _ ° % /.I 54209. 5i �,. s//, 1t 1 r---.;.)---i---: . ', \ ' ).--- -1• ,°... 54 146} .. 49 f I ., • a''. �_..i'� 1 ' �195.1 �° Mil a. ^o • , ' !filp o !/ Sa2 \ 54 222 e`L.. - �j �7t 0�7 ... -,,,,1f- . /0 i : , ., , . \\_•:.'' ,, .. . .' - ' . VP,. :1 _-�-- 54T1453- iAr- / • - 54 205k a 54 223j : , :4010 r.--..' L., 16 '' �1f 54A20'4 � RD :` ..- .L-__.: _5,4c,„:61 lirf 2— 31 - dal / ` ,•l�t I � .f � 01 I 26 ,,, tom j //\�' 'o,* 54 260 54 t 1"=250.�2588182119315 ft ii Property Information Print map scale is approximate. Property ID 32 242 MONOMOY RD ��� y Location 32 MO Critical layout or measurement Owner COPLEYMONOMOYLLC '�bp�oRAt1A`,•r activities should not be done using this resource. 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 11/02/2022 Data.updated Jan.2021 ANDERSON KREIGER NINA PICKERING-COOK tT npickeringcook@andersonkreiger.com T: 617.621.6536 .44 Tr: F: 617.621.6636 i Z November 4,2022 Nantucket Planning and Land Use Services c/o Nicky Sherriff 2 Fairgrounds Road Nantucket,MA 02554 Re: Appeal of Building Commissioner's Zoning Enforcement Decision of October 31st, 2022 at 32 Monomoy Road Dear Chair McCarthy and Members of the Board: I represent the local advocacy group Monomoy Civic Association and the following property owners: • Jeff McDermott of 38 Monomoy Road • Matthew Westfall of 30 Monomoy Road • Stephen Ketchum of 34 Monomoy Road • Bob and Deborah Landreth of 4 Berkeley Avenue • Mark Wilmot of 33 & 35 Monomoy Road By letter dated October 31,2022,Nantucket Building Commissioner Paul Murphy declined my clients' request to find that use of the property located at 32 Monomoy Road(the"Property") exclusively as a short-term rental ("STR")business was a"commercial use"prohibited in the residential zone in which it is located. My clients hereby appeal the Building Commissioner's refusal to enforce a zoning violation at the Property. For the reasons set forth in our.Statement of Facts and Law and Requested Relief(Addendum B) and supported by our addenda,my clients request that the Nantucket Zoning Board of Appeals overturn Commissioner Murphy's determination with respect to the Property, and order the Copley Group to cease and desist using the Property as an STR. ANDERSON&KREIGER LLP 150 MILK STREET,21st FLOOR, BOSTON, MA 02109 1617.621.6500 November 4,2022 Page 2 I have enclosed the following in support of my clients' application: 1. ZBA application form for appeal of.Building Commissioner's determination; 2. Locus plan from the Nantucket Tax Assessor; 3. Certified abutters list and accompanying mailing labels; 4. Written Statement of Agency; 5. Check in the amount of$450; 6. Copy of Commissioner Murphy's October 31, 2022 Enforcement Denial(Addendum A); 7. Requested Relief and Statement of Facts and Law(Addendum B); 8. Copy of October 18,2022 Enforcement Request(Addendum C); 9. Copies of relevant sections of the Nantucket Zoning Code(Addendum D); 10. Copy of Use Table from Nantucket Zoning Code(Addendum E); 11. 32 Monomoy Road Appellant—Abutters Map (Addendum F). Best regards, Nina Pickering-Cook cc: Clients