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Home My WebLink About16-17 9 Davis LaneFee: $450.00 Owner's name(s): TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION NANTUCKET" TOWN CLERK 2017 JUN 12 PM 2: 54 File No. leo / I Gerald A. Hamelburg and Barbara Hamelburg, as Trustees of the Erkim Realty Trust Mailing address: c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, Massachusetts 02554 Phone Number: (508) 228-1118 E -Mail: sfa@sfapc.com Applicant's name(s): Steve Theroux and Robert Wellen Mailing Address: c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, Massachusetts 02554 Phone Number: (508) 228-1118 E -Mail: sfa@sfapc.com Locus Address: 9 Davis Lane Assessor's Map/Parcel: 82/74 Land Court Plan/Plan Book & Page/Plan File No.: Lot 13 on Land Court Plan 36551-B Deed Reference/Certificate of Title: 12,167 Zoning District L.U.G-2 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex _ Date of Structure(s): all pre -date 7/72 or 1984 Apartments Building Permit Numbers: 3541-84 Dwelling; 4895-86 Shed; 1014-99 Addition; 1701-16 Demo/Reno/Add Dwelling; 1869-16 Vemo ed; 187U-16 Shed Previous Zoning Board Application Numbers: n/a 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate addendum of specific special permits or variance relief applying for: See Addendum attached. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: Owner* SIGNATURE: I ✓' �' Applicant/Attorney/Agent* i! r; *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. OFFICE USE ONLY Application received on:_/_/_ By: Complete: Need Copies: Filed with Town Clerk:_/_/_ Planning Board:_/_/_ Building Dept.:_/J_ By:_ Fee deposited with Town Treasurer:—LL BY: Waiver requested: Granted:_/_/_ Hearing notice posted with Town Clerk:—/—/— Mailed:_/_/_ I&M_/_/_ &_/_/_ Hearing(s) held on:—/—/— Opened on :—/—/— Continued to:—/—/— Withdrawn:—/—/— Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:—/—/— Mailed:_/_/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile ADDENDUM Nantucket Zoning Board of Appeals Gerald A. Hamel Burg and Barbara Hamelburg, as Trustees of the Erkim Realty Trust 9 Davis Lane Lot 13, Land Court Plan No. 36551-B Assessor's Map 82, Parcel 74 The Applicants seek a Variance under Nantucket Zoning By-law (the "By-law") §139-32 from the intensity regulations of By-law §139-16 to validate the existing ground cover of about 1,531 square feet on the locus, where maximum ground cover of the greater of 4% or 1,500 square feet is allowed in the Limited Use General 2 ("LUG2") zoning district in which the locus is located. The locus is a pre-existing, nonconforming lot of record, containing about 30,744 square feet of land area, where 80,000 square feet are required in the LUG -2 zoning district. The locus is improved by a single-family dwelling, having ground cover of about 1,531 square feet, where a maximum ground cover of the greater of 4% or 1,500 square feet is allowed, and a so-called "zoning shed," having ground cover of about 200 6qudre feet that is exempt from the definition of "ground cover" under By-law §139- 2. The locus and the building on it are otherwise conforming to the provisions of the By-law. The Locus is located at 9 Davis Lane, is shown on Nantucket Tax Assessor's Map 82 as Parcel 74, is shown as Lot 13 on Land Court Plan No. 36551-B, and is located in the Limited Use General - 2 ("LUG -2") Zoning District. I Uwn dna k-ounLy or INanLUCKei, ivies Hprnzi, zul/ 82`4 T 82 70 7 4 ? $24 827S ��• � 3 437 2 82 67y Q 6 82 72 82''49,, . 3 8266-_ a 8250 8273> 82 65 L 82 51 82 T1 Y {Y V 8264 ?2 � 82 52 4� 82 75w J� TRIAI7T'{,4 V ? 82 53 .._ 4u � •E2'.7F :82 54- a 8282 3 GO � Ole �� 1" = 157 ft _- Property Information Property ID 62 74` Location 9 DAVIS LN z Owner HAMELBURG GERALD & BARBARA TRS MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Town and County of Nantucket, MA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map. Parcels updated December, 2014 Properties updated 04/27/2017 ZONE, LUG - 2 FRONT YARD-35' N ORTH 51DE YARD-15 REAR TARD•15 FRONTAGE -607 AREA - 50.0005F bb GG 4% �1 Q' ac bry } rqk �P B P� 7J n SHED bry 2C0 SF wry% 4 \ LOT 13 AREA 30.744 5F hA{ �17 /1 0� Y3aJ. 3 J p F TqX /I 1 i EX15TING CONDITION5 PLAN 9 DAV15 LANE TAX MAP 62 PARCEL 74 ERKIM REALTY TRU5T 5CALE 1"=40' 6-6-2017 #9 DAV15 LANE ACKME 5URVEY LLC TAX MAP 82 PARCEL 74 PO BOX 1448 CERT 12157 PLAN LC 36551 B NANTUCKET. 02554 LOT 13 R. /9p� FO Apf) N'9 s h�Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: Gerald A. Hamel Burg and Barbara Hamelburg, as Trustees of the Erkim Realty PROPERTY OWNER.. Trust..... .............. ......................................... c/o Sarah F. Alger, P.C., Four North Water Street, Nantucket, MA 02554 MAILINGADDRESS...................................................................... 9 Davis Lane PROPERTY LOCATION.................................................................. 82/74 ASSESSOR MAP/PARCEL............................................................... Sarah F. Alger PC SUBMITTEDBY........................................................................... SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section I 1 and Zoning Code Chapter 40A, Section 139-29B (2)• DATE A SESSOR'S OFFICE TOWN OF NANTUCKET Y 5 3 W Y Y W W tX 3 3 Y Y Y UpX XX O X X 3 S 3 U V U z w .zO W Y w Y a .z0 .z-1 .z0 iz] a F F a Z H F F W W a a a N N N W N F EF F w W W N F N F F E H N > N a F N Z N H a N> N ❑ W W N N N>>>¢ a a W R Q❑ a a a 3 a w w W a a a a❑¢¢ S Q❑ 4 F F 3 3 3 0 0 0 0 3 3 ry Vl lD N� ti ti N H m lD c m ill r T .-1 N N N b l0 m Y1 u) m P O N N CO C O m ✓1 V1 m ~ Ul VI N v A v c m a Vl N Oaa O Oqq O¢¢ Oa q O m O O r O� O O O¢a O O OQQ a O O 2£££ z 3 Z' Ou U U£ U S z x££ U 2 z W O O a p F F E+ a F+ F z z rl Y F E+ S W z% O w W ❑ C O F W W W W V X W W U' X X 2 a F F a H r1 X X g H D 2 z O z 0 U rA EWE z z W N y Hy F F F H Z Z z❑ d X X N £ 4 z Z W Z N N N 2 3 x 000 W Z Z> 3 N a a$ w '✓❑i 3 2 5 [a7 W > ❑ r ❑ 3 > ❑ l�Fd7 1-�] til N 0a VpX O x > W f.31 ❑¢ a❑G f¢v Y' a s❑ N .l W N z a> a p O N rFA N F F wW d r m w X 0 N Z m w U d m rf Q U A ❑ N N C '+ N z z E H Z N O1 F O F W N x 3 W N X X> O S> X W a O W£❑ O w O O W O a Q 0 3 m > ¢ m r to m m❑£ 3 ❑ m N N N m 0 1, Ol N11 OUi d .r pl .y .Y F d m F N F F m W F ❑ F N a N F N a F a F as F F Y W W W W N a z ❑ z o ¢ a ❑ W z❑� x N m x ❑ U m a a U N N H N a a yX F 2 Q�Q lFq qFq 6 a O z 5 oG a m Y W W Q F p Qp yQ❑ yl ,L 4l a s a F w .7 OL 7 fw.7 O U OFd m a Z m E ¢ F m rFi] Q R SS fW+l F u F£ u O a m 0 N C> h u U F N a 0 0 ❑7a. y❑ u a s N 7 fu Z Q❑ F £ �.7 GGf>.171 •F-1 x m Z F W w F F a a t4' Pl S u N F F❑ O a N W > a 0 W >: W fu H N N U W U w O W N x N N [7 E W ❑> a 2 m h F W U F a F yyy a a a a F 0 N a m ❑> U❑ N W U u£] Q 3 H❑ U N Q W a a N .] ❑ m h 4 d HQQ2 „ z 4 F Z a aZ E 0£ 2 N N m O N r N N N N N N N NN N N N N N N N N N N N Q at CD m m m m m N m m CD m m m m m m m m 82 NANTUCKET ISLANDS LAND BANK 22 BROAD STREET NANTUCKET, MA 02554 82 SISSELMAN STEVEN TRST DAS NANTUCKET REALTY TRUST 273 OTIS STREET WEST NEWTON, MA 02465 82 SCOTIA TRUST LTD 00 DDN REALTY TRUST 273 OTIS STREET WEST NEWTON, MA 02165 82 BARLOW DAVID H & BEVERLY A TRS BARLOW QUAL PERSONAL RES TRST 2 AVERY ST UNIT 18G BOSTON, MA 02111 82 RLK III LLC 185 MERRITTS ROAD FARMINGDALE, NY 11735 82 FRAME DIANE M TRUSTEE ACKAXA NOMINEE TRUST 13 AUSTINE LOCKE WY NANTUCKET, MA 02554 82 NANTUCKET CONSERVATION FOUND I PO BOX 13 NANTUCKET, MA 02554 82 HARRIS ROBERT & JANICE 1297 RESERVE DRIVE VENICE, FL 34285 82 GAGLIANO JOSEPH & MAUREEN 21 PRINCESS DR MADISON, CT 06443 82 MALONEY STEPHEN G ETAL 1766 SHIPPAN AVE STAMFORD, CT 06902 82 RUBIN LEWIS TRUSTEE LEWIS RUBIN REALTY TRUST PO BOX 637 LEXINGTON, MA 02420 82 RUBIN ROSE V TRUST PO BOX 637 LEXINGTON, MA 02421 82 SKELLY RICHARD F & BARBARA F C/O 3D NOMINEE TRUST 14 DEVON STREET WESTPORT, CT 06880 82 SWEATLAND SUSAN R TRST SOUTHFORK TRUST 94 MOUNTAIN VIEW DRIVE PITTSFIELD, MA 01201 82 SEVEN DAVIS LN NOMINEE TRUST 17 WARWICK ROAD SUMMIT, NJ 07901 82 HAMELBURG GERALD & BARBARA TRS 118 HUNDREDS RD WELLESLEY, MA 02481 82 COWEN JUDITH P TRUSTEE 11 DAVIS LN NANTUCKET, MA 02554 82 ERISMAN STEPHEN B PO BOX 934 NANTUCKET, MA 02554 82 RYAN PETER F & MORNA C . 319 WEST LYON FARM RD GREENWICH, CT 06831 tj Q iv` CLE,:, 2011 SEF 28 PN• 3* 39 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: September 28, 2017 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No.: 16-17 Owner/Applicant: Gerald A. HAMELBURG and Barbara HAMELBURG, Trustees of the ERKIM REALTY TRUST Property Description: 9 Davis Lane Map 82 Parcel 74 Enclosed is the Decision of the BOARD OF APPEALS which has this day been filed with the office of the Nantucket Town Clerk. An Appeal from this Decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the Decision must be brought by filing a complaint in Nantucket Superior Court or Land Court within TWENTY (20) days after this day's date. Notice of the action with a copy of the complaint and certified copy of the Decision must be given to the Town Clerk so as to be received within such TWENTY (20) days. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk Planning Board Building Commissioner/Zoning Enforcement Officer PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW SECTION 139-30 (SPECIAL PERMITS); SECTION 139-32 (VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT 508-325-7587. NANTUCKET ZONING BOARD OF APPEALS Two Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 82, Parcel 74 9 Davis Lane Limited Use General 2 (LUG -2) DECISION: Certificate of Title No. 12.167 Land Court Plan No. 36551-B Lot 13 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, July 13, 2017, at 1:00 P.M., and continued to Thursday, August 10, 2017, at 1:00 P.M., in the First Floor Community Room of the Public Safety Facility at Four Fairgrounds Road, Nantucket. Massachusetts, the Board made the following decision on the application of Gerald A. Hamelburg and Barbara Hamelburg, as Trustees of the ERKIM REALTY TRUST under Declaration of Trust dated November 15, 1985, registered with Nantucket Registry District as Document No. 34153, in care of Sarah F. Alger, P.C., Two South Water Street, Nantucket, Massachusetts 02554, File No. 16-17: 2. The Applicants are seeking relief by VARIANCE under Nantucket Zoning By-law (the "By-law") §139-32 from the intensity regulations of By-law §139-16 to validate the existing ground cover of about 1,531 square feet on the locus. The locus is a pre-existing, nonconforming lot of record, containing about 30,744 square feet of land area, where 80,000 square feet are required in the LUG -2 zoning district. The locus is improved by a single-family dwelling, having ground cover of about 1,531 square feet, where a maximum ground cover of the greater of 4% or 1,500 square feet is allowed, and a so-called "zoning shed," having ground cover of about 200 square feet, that is exempt from the definition of "ground cover" under By-law § 139- 2. The porch of the existing single-family dwelling on the locus has a front yard setback of about 34.2 feet where a minimum front yard setback is required, but such setback intrusion, having existed for more than ten (10) years, is now considered pre-existing, nonconforming under the provisions of Mass. Gen. Laws c. 40A; §7. The locus and the buildings on it are otherwise conforming to the provisions of the By-law. The Locus is located at 9 Davis Lane, is shown on Nantucket Tax Assessor's Map 82 as Parcel 74, is shown as Lot 13 on Land Court Plan No. 36551-13, and is located in the Limited Use General -2 ("LUG -2") Zoning District. 3. Our decision is based upon the application and accompanying materials and representations and testimony received at our public hearing. The Planning Board made no recommendation as their meeting was after the ZBA meeting. There were no letters of opposition presented at the public hearing. One abutter appeared at the hearing and voiced concerns about the shed constructed upon the locus. 4. The locus is a pre-existing, nonconforming lot of record, containing about 30,744 square feet of land area, where 80,000 square feet are required in the LUG -2 zoning district. As such, the locus is allowed maximum ground cover of the greater of 4% or 1,500 square feet. The locus is improved by a single-family dwelling originally constructed in 1985, expanded in 1999, and remodeled in 2016 to 2017. Certificates of Occupancy were issued for the 1985 and 1999 work. The porch of the existing single-family dwelling on the locus has a front yard setback of about 34.2 feet where a minimum front yard setback is required, but such setback intrusion, having existed for more than ten (10) years, is now considered pre-existing, nonconforming under the provisions of Mass. Gen. Laws c. 40A, §7. As a result of the most recent improvements, the single-family dwelling now has ground cover of about 1,531 square feet or about 31 square feet over the maximum allowed ground cover of 1,500 square feet. The locus is also improved by a 2 so-called "zoning shed," that replaced a 1986 shed and that has ground cover of about 200 square feet that is exempt from the definition of "ground cover" under By-law §139-2. The locus and the buildings on it are otherwise conforming to the provisions of the By-law. Certificates of Occupancy have not been issued for either the current work to the main dwelling or the shed due to the ground cover issue with the dwelling. 5. Based upon the testimony received at the public hearing, the ground cover issue appears to stem from the failure of the architect to take into consideration ground cover resulting from a second story overhang that was originally contained within the garage and that was exposed and unaccounted for when the garage was demolished and the garage ground cover was allocated to a new addition in a different location. The issue was not discovered until an as -built plot showing the remodeled dwelling and new shed was prepared at the conclusion of construction. 6. The Applicants have attempted to find a cure for this ground cover issue by looking for a portion of the structures on the locus to modify or eliminate to cure the nonconformity. Unfortunately, due to the size, shape, and design of the structures, no such modifications could be readily made. The Board did not reach the merits of this argument, finding instead that variance relief is appropriate in this instance. 7. Although not strictly at issue in this Application, the Board spent considerable time discussing what constitutes a so-called "zoning shed," that is, a shed that is exempt from ground cover restrictions, for purposes of the By-law. A shed is defined under By-law §139-2 as "[a]n accessory structure for storage purposes, not designed to be served by heat or plumbing and not to be used for habitation." Currently, the By-law makes no distinction between a so-called '`zoning shed" that is exempt from the ground cover requirements of the By-law and a shed that is not, except to provide that for a shed to exempt from ground cover, it must be detached and cover "an area not to exceed more than 200 square feet at grade." 8. In the context of another matter, Town Counsel issued an opinion dated February 15, 2016, to the effect that as long as a shed has ground cover of no more than 200 square feet, does not have finished interior walls, plumbing, or heating, and is not used for habitation, it is exempt from the ground cover requirements of the By-law, regardless of the sort of permit issued for its construction or the fact that it might have a basement, second floor, porches, or the like. The Board voiced concern that such a broad interpretation might lead to abuses, expressing that its understanding of the intent of the By-law was that only simple one-story shed be eligible for the ground cover exemption, and suggested that future Town Meeting action might be warranted to tighten up the exemption. In the meantime, the Board found that, for the future and not with respect to the matter at hand, for a shed to be exempt from ground cover, it must be a one-story, detached, accessory structure covering an area not to exceed more than 200 square feet at grade, used for storage purposes and not for habitation, and not designed to be served by heat or plumbing. 9. Therefore, based upon the particular facts of this case, the Board finds that owing to the circumstances relating to the shape of the Applicant's land and buildings but not affecting generally the LUG -2 zoning district in which the locus is situated (consisting of the size and shape of the structure, and the de minimis nature of the violation), a literal enforcement of the provisions of the By-law and specifically §139-16 would involve substantial hardship financial and otherwise (consisting of the lack of marketability and the possible need to demolish a substantial portion of the structure) to the Applicants, and that the desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By-law (since the intent of the By-law is not to create a hardship in such cases, and this Board has generally granted similar relief to other applicants in comparable circumstances). The Applicants relied upon a licensed professionals in good faith and took all reasonable steps to ensure that the structures would comply. To the extent that the licensed professionals retained by the Applicants erred, such errors were wholly inadvertent. The Applicants have no other practical remedy, because the excess ground cover cannot readily be eliminated. 10. Accordingly, by a UNANIMOUS Vote (Toole, Botticelli, McCarthy, O'Mara, and Koseatac in favor), the Board GRANTS the requested relief by VARIANCE, from the requirements of Nantucket Zoning By-law §139-16.A as to ground cover ratio to validate the Locus, as currently improved, as shown on the Plot Plan, drawn by Ackme Survey LLC, dated June 6, 2017, a reduced copy of which is attached hereto as Exhibit A, upon the condition that the shed on the locus shall be used for storage purposes only and shall not have finished interior walls, plumbing, heating, or be used for habitation. IGNATURE PAGE F LLOWS Assessor's Map 82, Parcel 74 9 Davis Lane Limited Use General 2 (LUG -2) Dated: September , 2017 Certificate of Title No. 12.167 Land Court Plan No. 36551-B Lot 13 S. Poole Lisa Botticelli 0' 11 L'z Mich J. 'Mara Kerim Koseatac COMMONWEALTH OF MASSACHUSETTS County of Nantucket, ss On the -2-8 day of (SQ em pQY , 2017, before me, the undersigned notary public, personally appeared Wu_)aM S, Toole , one of the above-named members of the Zoning Board of Appeals of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he ;4ffiial ithe foregoing instrume t voluntarily for the purposes therein expressed. Me Signature and Seal of Nota" PublicLIVDORIS C. STRANG My commission expires: 10 (091 �� Notary Public Commonwealth of Massachusetts mmission Expires October 2, 2020 "EXHIBIT A" ZONE- LUG - 2 FRONT YARO.35' N ORTH 510E YARD•15' REAR YARD 15 FRONTAGE •150' AREA • 80,0005F b GL 4% U a� N ro a k M'9P 8? P� Cf� �n e �3 �J M 3 U ae 5HE0 200 5F WEL c LOT 13 AREA = 30,744 5F 8 0 T,qk M 1 � e� 1 I EXISTING CONDITIONS PLAN 9 DAV I5 LANE I TAX MAP 82 PARCEL 74 ERK IM REALTY TRUST SCALE I"=40' 6-6-2017 #9 DAV15 LANE ACKME SURVEY LLC TAX MAP 82 PARCEL 74 PO 60X 1448 CERT 12167 PLAN LC 36551 6 NANTUCKET, 02554 LOT 13