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Select Board upholds Historic District Commission approval for alteration at 23 Ocean Ave
Summary
The Select Board denied an appeal and upheld an HDC Certificate of Appropriateness for a small addition at 23 Ocean Ave, rejecting objections from abutters and preservation advocates that questioned notice, demolition planning and the significance of the structure.
The Town of Nantucket Select Board on May 14 unanimously denied an appeal of the Historic District Commission’s March 18 approval for a small addition at 23 Ocean Ave, upholding Certificate of Appropriateness HDC2024‑12‑11707.
The appeal contested the HDC decision on several grounds: alleged errors in abutter notification, the adequacy of a demolition plan and whether the proposed addition would harm a building appellants said is a contributing, historically significant Underhill‑era house. Appellants also argued that new evidence had been added after the HDC hearing and that one HDC commissioner had improperly referenced private views in discussing the application.
Appellant counsel Sarah Alger argued the HDC approval was "arbitrary and capricious," citing missing demolition details and inconsistent filing of abutter lists. Holly Backus, the town preservation planner, told the Select Board that the structure is a contributing historic building and that the HDC had reviewed the application several times over the past three years; she noted the March 18 vote was a 3–2 split, not unanimous.
Val Oliver, an HDC member who participated in the March review, said the current application is smaller than earlier proposals and that commissioners found the revised plan "more subordinate" to the existing structure. Owner’s counsel Kurt Kuziak and architect/designer Angus McLeod told the Select Board the latest iteration is much reduced from the 2022 submission and that a demolition plan was included in the HDC packet. Owner Marsha Brown said the modest addition is intended to provide space for grandchildren.
Several abutters, including Gregory Dunbar, reiterated concerns about process and neighborhood character and asked the Select Board to remand the matter to the HDC for further review, including a fuller demolition plan and engineering assessment to confirm the existing structure can support the proposed work.
Town counsel advised the board that the standard on appeal is narrow: the board may overturn an HDC decision only if it is arbitrary and capricious or contrary to law. Board members said they reviewed the record and testimony and found no legal basis to overturn the HDC action. The Select Board therefore denied the appeal and sustained the HDC certificate of appropriateness.
Why it matters: The case illustrates the HDC appeals process and community tensions between preservationists and property owners seeking modest additions to historic properties. Appellants raised procedural and substantive preservation concerns; the Select Board applied a deferential legal standard to the HDC’s judgment.
Next steps: The owner may proceed consistent with the HDC certificate. The Select Board noted that a more detailed demolition plan could have been helpful to the HDC and suggested that applicants and staff ensure required supporting documents are complete before hearings.
