[{"_1":2,"_111":-5,"_112":-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",[32,75,87,99],{"_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",6244023,"mediaKeyId","3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4","parentId",3235426,"title","Nantucket ZBA approves vertical addition at 43 Union Street with tree‑protection and construction conditions","audioSeconds",4330,"startMs",812000,"endMs",5142000,"viewUrl","/Search/View?dp=1&key=3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4&start=812&end=5142","thumbnailUrl","https://assets.pipeline.soar.com/3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4/thumbnail_812000.jpg","articleUrl","/articles/6244023/Nantucket-County/Massachusetts/Nantucket-ZBA-approves-vertical-addition-at-43-Union-Street-with-treeprotection-and-construction-conditions","mediaUrl","https://secure.pipeline.soar.com/6244023-6e4f1614af6008d30f19b786f2743291/orig.mp4?Expires=1771065341&Signature=mZU4gV5kQ33HDVuSh77-F7QX2HtwlUmBqtmMc0by4GlYRTS1qN7I2r3kQViWAUMLEIOcwhrleH~btlP8lpTQo4AJGqJdF6jMkwPWFBlwsEypB4d8eOpDFgffQ1f~9EVEqD3diBIFznBpmCFjT8zFCFMR6RW-6E~bh8kyp9SGNAqO8YExtgagmVtrUQyH2HM7KiRHBR9PHl4P~3IrBuKf1W~qcD-fQ4ynuaeAgMRQtbBcKi1QP-Cd~D51AAbtbfn1BUMbsTyVLG0i58Os4g3DhsKhUyBedIhJvuJlruv-0Fa0GfJeU5fNp7Go7SVNsuJ3v1PbyOnC3QPXR5bMtyat9Q__&Key-Pair-Id=KUT5TJCACFTXG","author","Town-County of Nantucket, MA","date","2025-05-09T07:23:54Z","article","The Nantucket Zoning Board of Appeals on May 8 approved a special‑permit application by Whitney H. Matthews to add a vertical extension with dormers at 43 Union Street, over the objection of some abutters concerned about a town‑owned elm and neighborhood impacts. The board voted 4–1 to approve the alteration of a preexisting nonconforming structure, attaching multiple conditions intended to protect the adjacent town tree and limit construction impacts.

The applicant’s attorney, Arthur Reed, told the board the request was limited to a vertical addition “within the existing footprint” with “no change to the foundation, without any excavation being required,” and that materials would not be stored outdoors. Reed said the project has an approved Historic District Commission certificate of appropriateness and sought a zoning special permit to allow the vertical work inside the existing footprint.

The discussion focused on two recurring issues: whether the board should require an updated survey/proposed‑conditions plan (the board requested one showing building dimensions and the proposed location of relocated stairs) and whether the board could or should attach enforceable conditions related to the adjacent town‑owned elm. Town Tree Warden David Shampoo told the board that while there are fines under the town tree rules, “there is fines, but it’s minuscule” and that enforcement tools for damage to town trees are limited. Abutters warned of potential root damage and debris and urged strict controls.

Reed and the applicant agreed to several mitigation measures during the hearing. The board’s draft findings and the conditions read into the record require, among other items, a surveyed proposed‑conditions site plan that shows the building dimensions and, where applicable, the relocated stairs; conformance with the HDC‑approved plans; restrictions on exterior construction during the summer season; no outdoor storage of materials or dumpsters/roll‑offs on the site; a construction contact phone number provided to staff and abutters; installation of construction fencing along the lot line and around the town tree; and an agreement that the contractor will consult with the town arborist/tree warden and the Tree Advisory Committee about construction methodology to protect the tree.

Board members repeatedly emphasized that the zoning board’s authority is limited — the building department, the DPW and the HDC each have separate responsibilities — but said attaching conditions and obtaining the applicant’s written commitments were the best available way to manage risk. The board noted that the property’s nonconforming setbacks (northerly setback about 2.11 feet and southerly about 1.51 feet in the ROH district) and small lot area (approximately 1,708 square feet) are legally protected nonconformities under the zoning bylaw, and framed its decision under the standard that the alteration must not be substantially more detrimental to the neighborhood.

The public record included several abutter statements asking for either denial or strict conditions. Resident Elizabeth Coffin told the board the proposal “is a substantial damaging enhancement of the current structure” and said it would change light and air for nearby properties. Herschel Allerhand and other neighbors said construction logistics on the tight site make daily removal of debris challenging and asked the board to ensure a local contact and strict limits on on‑site storage and equipment.

Formal action: the ZBA approved the requested relief with conditions by roll call vote 4–1 (John Brescher: yes; Alisa/Alissa: yes; Lisa: yes; Joe: no; Chair: yes). The approval was conditioned on the list read into the record and noted that the HDC certificate of appropriateness remains controlling for historic‑district design matters. The board directed staff to draft a formal decision incorporating the conditions discussed and to attach the applicant‑provided survey/proposed‑conditions plan when submitted.

The decision closes the public hearing on this application; the board said it will monitor implementation through the building permit and will expect coordination with the tree warden and other town departments if construction proceeds.","mediaType","Video","parentTitle","Nantucket Zoning Board of Appeals - May 8, 2025","oneSentenceSummary","The Nantucket Zoning Board of Appeals on May 8 approved a special permit to add a vertical extension and dormers at 43 Union Street, 4–1, attaching conditions meant to protect an adjacent town elm and limit on‑site storage, summer construction, and other impacts.","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},6244011,"ZBA denies application after applicant fails to appear for scheduled hearing",166,5200000,5366000,"/Search/View?dp=1&key=3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4&start=5200&end=5366","https://assets.pipeline.soar.com/3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4/thumbnail_5200000.jpg","/articles/6244011/Nantucket-County/Massachusetts/ZBA-denies-application-after-applicant-fails-to-appear-for-scheduled-hearing","https://secure.pipeline.soar.com/6244011-24d99a9f9a2dbd8b76481f3223d561a5/orig.mp4?Expires=1771065341&Signature=R-N9k3KgDwfaYxJVD7HhaeTQfP9Xg8zqBrcAnvFFNJ1LEg40mZk3e8y1zkl8L8MHC0EBE7uRZgs7i3gjkE~amGE8bZmskzB4DYO7DzJ5Ves9U0-3flOTXQ1YX8GPL~LaUl--I~3p1eNw-cZthWg0S9npdc8DLkNUKWoe430hnZ-7t3VhCSkYRA9ZOcFUkRcESHDdTGs4wITBPlKgUfkRFL-MPLcmdPbKvh5FQuAP-ZKqab3Qq5WedxjqalMfvMnPF5rOuWBpxK1yjPJjTPgXIn46SCqOSFMAuMZdnCzfsk22Ulrq70o~ChJduRQH-8LSiB-VwJagK67yitRxa44ekg__&Key-Pair-Id=KUT5TJCACFTXG","The Zoning Board denied an application that had been submitted in April 2024 and remained dormant because no representative appeared at the May 8 hearing. Staff told the board they had asked for an appearance or withdrawal; the applicant did not appear or provide an update. The board voted to deny the matter and removed it from the agenda; staff noted the applicant may reapply.","An April 2024 application that sat dormant was denied May 8 after no one from the applicant’s office appeared; the board voted to deny and removed the item from the agenda.",{"_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},6244015,"ZBA denies request to increase ground cover for Tom Nevers garage after extended deliberation",1374,3266000,4640000,"/Search/View?dp=1&key=3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4&start=3266&end=4640","https://assets.pipeline.soar.com/3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4/thumbnail_3266000.jpg","/articles/6244015/Nantucket-County/Massachusetts/ZBA-denies-request-to-increase-ground-cover-for-Tom-Nevers-garage-after-extended-deliberation","https://secure.pipeline.soar.com/6244015-13e9f01af0ea4d3ccbfa5d344e2072fa/orig.mp4?Expires=1771065341&Signature=WUsjomoefStWLxErkJMybbpEMbQQdZTzpjY6IW7O8YKFyXraWqOK5B9UFu-8fDAcZrUA3eBRV3z3gvSLuEjFZqUjdSztYDM-GxNM0ovDfQLZpkY8N~ZsKreiZs3UNuCy3kT8NdgEWCSmi0oBDvo63zqCV4~GboZL7UWtc6YBJhEBYS68BNjtL-x9gAsDcaFidwlSuQgrnnZC13oOJSghehjk4wia21YIr0ERuC~7Ogjjyqvzz2vtSqBdEE0PnoCEf56RSGhteahHgmHbZ36Uh9iJmD7xdGTGRB7PCzcDsarru4fJU5gaXnZuuVmZ-VWqOVQywf5Au6lcqs~81BN3WA__&Key-Pair-Id=KUT5TJCACFTXG","The Nantucket Zoning Board of Appeals on May 8 denied a request by Michael and Susan Stone to increase allowable ground cover on a Tom Nevers lot to permit a 384‑square‑foot garage. The board’s deliberations focused on the unusual subdivision history of the original Lot 963 (now portions A and B and a portion of Coffin Road), prior variances and the way earlier approvals allocated ground cover between the two resulting parcels.

Attorney Arthur Reed explained the application: the owners sought a modest increase in the permitted ground cover (from the 1,816 square feet currently allowed for the parcel to 1,985 square feet) to accommodate a single‑car garage sized to store a larger family vehicle and some household items. Mr. Stone told the board he wanted indoor, protected vehicle storage and winter storage for furniture and grills.

Board members reviewed earlier decisions that created the current ground‑cover allocations. The 2017 decision that validated the split of Lot 963 and the earlier building permits on the parcels effectively allocated portions of the three‑percent allowance to each portion; one member summarized the 2017 analysis that led to the 1,816‑square‑foot figure for the smaller portion after accounting for the larger portion’s existing development.

Several board members expressed reluctance to grant additional variance relief after the property’s multiple prior adjustments and transfers of ownership. One board member described the situation as “multiple bites of the apple” — a reference to the serial changes made to the original lot and its allocations. Another member said the board should avoid another incremental variance that could be replicated elsewhere.

The board voted on a motion to approve with a condition that the applicant relinquish the automatic right to build a separate 200‑square‑foot “zoning shed”; that motion failed. A subsequent procedural motion and roll call resulted in the application being denied. No abutter letters were on file and no public opposition appeared during the hearing.

Outcome: application denied (final motion to approve failed and chair declared request denied after deliberation).","The Zoning Board denied a request by Michael and Susan Stone to modify a prior variance to allow roughly 384 sq ft of additional ground cover for a garage at 6 Marcus Way (Tom Nevers). The board cited the property’s complex legal history, prior variance conditions and the multiple prior adjustments to allowable ground cover.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6244020,"Two coastal‑area applications withdrawn as applicants await natural‑heritage surveys; ZBA waives reapply fee",349,361000,710000,"/Search/View?dp=1&key=3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4&start=361&end=710","https://assets.pipeline.soar.com/3235426-4c9d46c9ee95320d2b15e6ecb25aa2a4/thumbnail_361000.jpg","/articles/6244020/Nantucket-County/Massachusetts/Two-coastalarea-applications-withdrawn-as-applicants-await-naturalheritage-surveys-ZBA-waives-reapply-fee","https://secure.pipeline.soar.com/6244020-6527ae9e7b7ebda339d90b7536b6b3b4/orig.mp4?Expires=1771065341&Signature=HEhuadt4~2PXIdQu~lCpahEsRwo6rtfz1oVqsblOgbTeYTsxZlynoicLeBBZwbYy0d-58TPz7fbRieW3wpO4vFsu5KGrtidkQAeGltd7jbpwbZFkhKIDz~dltN5ZH2lISe9h1RLvAXPIcazW45ReGs3G5loWPdbSw4AHFBLRWqQVVXR5PHEQPsxPdbeBN1Dp8YWi6Gx76YyUyzJuO7CknS54QvDmdSdNYTtXt4512BEaBpbpJ9K4VDbpYrQSKwhLiYooYklUNBJjrP-P44WEOl29YR8tJPLn8ZvHRrFAx37I2oYk1ihWGph0uMH5SVkDXvfBpCg56DjTqAhnZBdTsQ__&Key-Pair-Id=KUT5TJCACFTXG","At the May 8 meeting, the Nantucket Zoning Board of Appeals accepted withdrawals without prejudice for two applications that intersected mapped habitat requiring Massachusetts Endangered Species Act (MESA) review and agreed to waive fees for reapplication.

Attorney Arthur Reed told the board the two matters involve work in areas mapped as potential habitat; Natural Heritage (the state program) has identified plant species that require late‑summer/early‑fall field surveys and further back‑and‑forth with Natural Heritage before a final plan can be vetted. Because the plant life‑cycles and the needed survey schedule would delay resolution, the applicants withdrew the matters without prejudice and asked to refile once Natural Heritage review is complete.

Board members agreed it was reasonable to waive the application fee for a reapplication. The board took a roll call vote and approved the withdrawals with the fee waiver. Staff noted that if the board had instead continued the hearings, no further notice might have been required, but members preferred the withdrawal and refile approach to keep the public notification process clear.

Both items were described in the staff record as relating to the world’s management/coastal district (the transcript referenced the “Woman’s Management District” / mapped habitat), and the board emphasized that MESA and Natural Heritage review is a prerequisite for final plans in mapped habitat areas.

The board also agreed to continue two unrelated applications to the June 12 meeting (applicants and staff consented).","Two applicants withdrew zoning applications for properties mapped as habitat under the Massachusetts Endangered Species Act (MESA) and the board agreed to waive reapplication fees so the cases can be resubmitted after environmental review.","actionData","errors"]

Article not found

Nantucket ZBA approves vertical addition at 43 Union Street with tree‑protection and construction conditions

ZBA denies application after applicant fails to appear for scheduled hearing

ZBA denies request to increase ground cover for Tom Nevers garage after extended deliberation

Two coastal‑area applications withdrawn as applicants await natural‑heritage surveys; ZBA waives reapply fee