[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6396313,"mediaKeyId","2097337-4846dc5f16640b00d961358c301c6517","parentId",2097337,"title","ZBA approves special permit for ACKOTA LLC at 42 Shimode Pond Road with conditions","audioSeconds",1305,"startMs",3010000,"endMs",4315000,"viewUrl","/Search/View?dp=1&key=2097337-4846dc5f16640b00d961358c301c6517&start=3010&end=4315","thumbnailUrl","https://assets.pipeline.soar.com/2097337-4846dc5f16640b00d961358c301c6517/thumbnail_3010000.jpg","articleUrl","/articles/6396313/Nantucket-County/Massachusetts/ZBA-approves-special-permit-for-ACKOTA-LLC-at-42-Shimode-Pond-Road-with-conditions","mediaUrl","https://secure.pipeline.soar.com/6396313-41f722187485b8c534b2e91de01832a5/orig.mp4?Expires=1773666929&Signature=WrZvCW8DP7KHw1yQ4ttNl2D~2NFRpQra~vKITSZFLqxkiFkzVPXKmYgGfHSDhWdN7JBRf4oziWhJgN9Z~qo0nL2~82qyUIIJSqTX~UwPSPUU0H96pZYx9F339Cfvjkp~WPYSKkyHt~pFYK1UxaVofJTWNWpL1v8mm5kdYZeg~Xtj~6ZInggQpYkwPpmJWDoNl39cBTbR9i4cKkzJNvN4TyEoWvbmzjx5usw7UJugOa0NT5TRzwDKVLhtzIgtXlDnqkRIKsUjb4ARN5PcSPLEm28yRar9tX78RINhfxO36BAvm~0aBBmOuwHpekNkz6F1~EPu0G-RwvDqiQHyIrs13Q__&Key-Pair-Id=KUT5TJCACFTXG","author","Town-County of Nantucket, MA","date","2025-01-10T00:57:36.513Z","article","The Zoning Board of Appeals voted unanimously Jan. 9 to grant a special permit to ACKOTA LLC (42 Shimode Pond Road) to demolish, relocate and reconstruct a principal dwelling, guest house and garage, with conditions aimed at limiting future expansion and restoring the access road.

Attorney Sarah Alger presented the application and noted the project reduces structural ground cover within the 50‑foot wetland buffer by 3,572 square feet and moves the historic main house farther away from the wetland. The proposal also reduces total ground cover slightly — from 4,101 square feet to 4,065 square feet — and retains or reduces building heights.

The board reviewed that the project had Conservation Commission approval, and that the Historic District Commission had approved the architecture; several board members praised the applicants’ outreach to neighbors. Architect Ray Cole described proposed lighting and pool equipment siting; the board and abutting counsel questioned equipment noise and light, and applicants agreed to work with the abutter on buffering and to place pool equipment under the proposed porch. The project team also agreed to repair and grade Shimoe Pond Road to its original condition or better before issuance of a certificate of occupancy.

The board’s motion approved the relief with these conditions: the project must be built substantially in accordance with the plan attached as Exhibit A; construction must follow HDC certificates of appropriateness; there shall be no further alterations or expansion of the structure except a zoning‑compliant shed without additional board relief; and the roadway shall be repaired and graded prior to final occupancy. Roll call vote was unanimous (Alyssa/Alisa, Joe, Jim, Mark and Chair voting aye).","mediaType","Video","parentTitle","Nantucket Zoning Board of Appeals - January 9, 2025","oneSentenceSummary","The Zoning Board granted a special permit to ACKOTA LLC for demolition, relocation and reconstruction at 42 Shimode Pond Road after reviewing conservation commission and Historic District Commission approvals and neighborhood outreach; the permit includes conditions on site restoration and limits on future expansions.","taxTitle","Nantucket County, Massachusetts","taxId",61456,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6396318,"Applicant withdraws variance request for 11 North Water Street after board questions about neighborhood precedent",10129,401000,10530000,"/Search/View?dp=1&key=2097337-4846dc5f16640b00d961358c301c6517&start=401&end=10530","https://assets.pipeline.soar.com/2097337-4846dc5f16640b00d961358c301c6517/thumbnail_401000.jpg","/articles/6396318/Nantucket-County/Massachusetts/Applicant-withdraws-variance-request-for-11-North-Water-Street-after-board-questions-about-neighborhood-precedent","https://secure.pipeline.soar.com/6396318-5e6cf4d4138c6e1e595bba6639216ec9/orig.mp4?Expires=1773666929&Signature=GG4hL-m5Avp7~pXMwTpq2eDjcRN3jgI2WhWOsiYKSWQO7f6ZcNrMF0LKmtdMt4KdoQrv0lWXj4be~lq~7aa5fso7Q7QfPJPStCOsKhaGYScvJt3PaN5fys3XLdt28LZM0eTxVSfBi-4ZpCmO3FwZ4wqlwVzxstD-awnDVIQZ9-zQ0sO7b7r01Y~8VhMJ6QnjWnXe-LyzEBVexSN3uHnYVF7gAi8zaAXesn6lApgNUaNBdVIvtNX2ZtGVuBcx5vnE8YkCN6uC~298EK5Zo3lUwFFV0xXIJTKFiFfXSPpaAJJfOntgAx-RBJjvHZ3fNul7H4A8i6~VV4wcoAlsn6vaLQ__&Key-Pair-Id=KUT5TJCACFTXG","The Town of Nantucket Zoning Board of Appeals heard an extended presentation Jan. 9 from Attorney Sarah Alger seeking a variance and renewed special permit for 11 North Water Street, the Brass Lantern guest house. After questioning from members and lengthy public comment, the applicant withdrew the special-permit portion and then asked to withdraw the variance application without prejudice.

Attorney Alger told the board the owners sought to revive a prior plan approved by the Planning Board in 2016 and argued the lot is large and abuts the Commercial Downtown (CDT) district. She said the 2019 zoning change that reduced allowable ground cover in the RoH district from 50% to 40% left the property unable to proceed under a special permit, because the proposed work would raise ground cover from roughly 38% to about 49.6%.

Board members pressed whether the change in the bylaw justified a variance and whether approving a roughly 28–30% increase in ground cover on a central in‑town lot would set a precedent island‑wide. Several members said they had historically denied more substantial variances and were “hard pressed” to find the variance standards met. Neighbors said additional bulk would change the historic residential character of North Water Street and would displace curbside parking.

After public comment and a short discussion, the applicant asked to withdraw the application without prejudice. The board voted to allow the withdrawal, with the clerk recording an aye vote for five members present in the room.

Attorney Alger said the owners will consider their options, including reapplying or pursuing planning‑board or bylaw changes.

No variance was approved and no permit was issued at the Jan. 9 meeting.","Attorney for the Brass Lantern Guest House withdrew the special-permit component of its application after the ZBA indicated it was unlikely to approve a variance to increase allowable ground cover from 40% to about 49.6%. The continuance and debate centered on whether a lapsed 2016 permit or zoning‑map boundaries justify relief.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6396323,"Nantucket ZBA continues appeal over large events at 59 South Shore Road after hours of public comment",6107,4334000,10441000,"/Search/View?dp=1&key=2097337-4846dc5f16640b00d961358c301c6517&start=4334&end=10441","https://assets.pipeline.soar.com/2097337-4846dc5f16640b00d961358c301c6517/thumbnail_4334000.jpg","/articles/6396323/Nantucket-County/Massachusetts/Nantucket-ZBA-continues-appeal-over-large-events-at-59-South-Shore-Road-after-hours-of-public-comment","https://secure.pipeline.soar.com/6396323-334834ae99b75a441ba52da67e54c3c2/orig.mp4?Expires=1773666929&Signature=JeY1SkaFhlI8fN7nToEDTgfkF6Jg2a1FALNAwQdYzWgAnqYGf0Uha7ZrzI6bHptzwpnS40ZRIZJo0twnaO2hMojI-Vx2xIiVG90bSE4Ylr8hABaiW9rmWJKCxyK9ngzKLL2E0rYIlitVwzm60qx90fzsua05gTNiglba-rU0guQ3809eUJik~gVhOeQl~z~mk5iTo6c4lUCD86ELAqEhdpo2AdZFmGjO2L09JyJshDu7Owm3V~0c4Co~lOw8s7KZPx7q8drKHb3gK0w89C1-Yt5NewPosGZNF6XHgAsyWU3USELwwaWgiJwJfvjz5wOKO4BBzBfcBoFcF1Tb4pCLxw__&Key-Pair-Id=KUT5TJCACFTXG","The Town of Nantucket Zoning Board of Appeals on Jan. 9 continued a contested appeal of the building inspector’s decision involving 59 South Shore Road, after hours of testimony from attorneys, the building commissioner, the property owner and neighbors.

Attorney Dan Bailey, representing neighbors who filed the appeal, told the board the property hosted multiple large events last year — including a high-profile September wedding and a May fundraiser — and argued those gatherings “included celebrity wedding with 100 of attendees” and live amplified music that “disturbs the entire neighborhood.” He asked the board to overturn the building inspector’s decision that the activities do not amount to a commercial use in a residential district.

The board heard legal argument from Kathleen Hyer (Pierce Atwood), who said questions of standing and prior enforcement requests do not bar the board from hearing the appeal now, and noted state law provisions about appeals to court. Property owner counsel Richard (Rick) Beaudet and owner James (Jamie) Feehley said the house is the owner’s primary residence, that some gatherings were private or charitable, and that tents and other permits were obtained when required.

Building Commissioner Paul Murphy told the board that events and fundraisers happen across the island and said he declined enforcement in this instance because the property is a primary residence and the pattern of use did not present a clear, specific zoning violation he could enforce administratively. Mr. Murphy said the Westmore Farms matter referenced in board discussion was materially different because that site was used exclusively for commercial events and the owner did not live there.

Neighbors who live near 59 South Shore Road described repeated traffic, on-street parking and noise they attribute to large gatherings at the house. Several residents asked the board to treat the use as a commercial venue and to direct enforcement. Attorney John Markey, representing an abutter, noted advertising and high rental rates and told the board the “primary purpose of the rental is for an event rather than for a family to enjoy a week,” a distinction he said matters for zoning.

After roughly three hours of presentations and public comment, the ZBA voted to continue the public hearing to its regular Feb. 13 meeting to allow further review of submitted materials and to give parties time to respond to filings. Chair roll call for the continuance showed five members present and voting in favor.

The board did not rule on the merits at Monday’s meeting. Further written materials from both sides — and additional public comment — are likely to be considered at the February hearing.","The Zoning Board of Appeals heard hours of testimony Monday on whether large, ticketed events at 59 South Shore Road constitute a commercial use in a residential zone. The board voted to continue the appeal to its Feb. 13 meeting to allow further review and comment.","actionData","errors"]

Article not found

ZBA approves special permit for ACKOTA LLC at 42 Shimode Pond Road with conditions

Applicant withdraws variance request for 11 North Water Street after board questions about neighborhood precedent

Nantucket ZBA continues appeal over large events at 59 South Shore Road after hours of public comment