Article 48

ARTICLE 48

(Zoning Bylaw Amendment:  Swimming Pool - Residential)

            To see if the Town will vote to amend Chapter 139 (Zoning) of the Code of the Town of Nantucket, by taking the following actions (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):

 

  1. Amend section 2A (definitions) as follows:

 

SWIMMING POOL - RESIDENTIAL 

A structure designed … 

 

  • In the VR District only…

 

  • In the R-1, SR-1, R-5, and R-5L districts only, the following criteria must be met: (1) a minimum lot area of 7,500 square feet is required, and (2) side and rear yard setbacks of 10 feet shall apply to the residential swimming  pool and associated mechanical equipment. This requirement shall apply to residential swimming pools for which a building permit is issued after September 30, 2021.

 

  1. Amend section 7A (use chart) by replacing “A” with “A with lot ≥ 7,500 sq ft” in the    

    “Swimming pool - residential” row in the R-1/SR-1 and R-5/R-5L columns.

 

Or, to take any other action related thereto.

 

(Select Board for Planning Board)

PLANNING BOARD MOTION:  Moved that Chapter 139 (Zoning) of the Code of the Town of Nantucket is hereby amended by taking the following actions (NOTE: new language is shown as highlighted text, language to be deleted is shown by strikeout; these methods to denote changes are not meant to become part of the final text and, further, that non-sustentative changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbering format of the Code of the Town of Nantucket):

 

  1. Amend section 2A (definitions) as follows:

 

SWIMMING POOL - RESIDENTIAL 

A structure designed … 

 

  • In the VR District only…

 

  • In the R-1, SR-1, R-5, and R-5L districts only, the following criteria must be met: (1) a minimum lot area of 7,500 square feet is required, and (2) side and rear yard setbacks of 10 feet shall apply to the residential swimming  pool and associated mechanical equipment. This requirement shall apply to residential swimming pools for which a building permit is issued after September 30, 2021.

 

  1. Amend section 7A (use chart) by replacing “A” with “A with lot ≥ 7,500 sq ft” in the    

     “Swimming pool - residential” row in the R-1/SR-1 and R-5/R-5L columns.

 

PLANNING BOARD COMMENT:  This article reflects several years of deliberation by the Planning Board and received its unanimous support. It only addresses lots under 7,500 square feet in the R-1/SR-1 and the R-5/R-5L districts - not the island as a whole. In the proposed coverage area there have been a number of concerns including, the adverse effects of the impervious surface associated with swimming pools resulting in additional stormwater runoff affecting other properties and roads in areas prone to flooding. In addition, noise and lights associated with pool operation has an increased effect on neighbors abutting smaller lots, and in the areas closer to downtown, the historic character may be adversely impacted. The article imposes slightly increased setbacks to address these concerns, but in effect allows property owners with sufficient land in the subject districts to choose how to allocate their space (for example, depending on the available land, they might opt for a pool in lieu of a secondary dwelling).  

 

FINANCE COMMITTEE COMMENT:  The Committee does not support the Planning Board Motion because we believe this proposed change could impact property owners who bought their properties with the understanding that they were able to have pools. We encourage the Planning Board to survey the more than 700 property owners in R-1, SR-1 and R-5 districts who today are eligible to have a pool and would be not be able to in the future.

 

Quantum of vote required for passage of the motion is 2/3