ZBA continues 43 Union Street alteration request after tree and neighborhood concerns; committee input requested

Attorney Arthur Reed, representing owner Whitney H. Matthews, requested a special permit to raise or alter a preexisting nonconforming house at 43 Union Street. The proposal would keep the existing footprint but add vertical floor area within the same footprint; no excavation for a new foundation was indicated in the application materials presented to the board.

Multiple speakers raised concerns about the health and protection of a large town'owned elm and a substantial maple tree near the dwelling. Mary Longacre (Tree Advisory Committee) and Emily Molden (Nantucket Land & Water Council) urged the board to require protections for the town tree and to prevent root damage by restricting storage of materials, heavy equipment access on the lawn, and soil disturbance; they proposed a condition requiring verification by the town arborist that the tree suffered no damage before issuance of a certificate of occupancy.

Attorney Reed said no excavation is proposed and objected to language describing the tree as "town owned" where ownership is in a separate record lot, but he acknowledged no party wished damage to the tree. The board asked for the Tree Advisory Committee and the town arborist to review the construction methodology and proposed driveway/parking shown in HDC plans and to recommend mitigation measures. Given the committee/arbordist review was not yet complete, the ZBA continued the matter to March 13 to allow that input and to give neighbors and advisory committees a chance to submit recommended conditions.