HomeMy WebLinkAbout067-13 5 Heller WayI }
RECEIVED
?913 OCT 3 Pil 11 49
TOWN OF NANTUCKFATUCKET r � c,rA D
BOARD OF APPEALS q SEP 18 2013 L w
NANTUCKET, MA 02554 1 1
BY., IC r3 d
APPLICATION
i iFee: $300.00 File No.� ,
Oamer's name(s): Eric F. Silverman and Melianie W. Silverman
Mailing address: coo Vaughan, Dale, Hunter & Beaudette, 2 Whalers Ln., PO Box 692, Nantucket, MA 02554
Phone Number. 508- 228 -4455 EMail: lod @vdhlaw.com
Applicant's name(s): same
Mailing Address: Go VDH &B, 2 Whalers Lane, P.O. Box 659, Nantucket, MA 02554
Phone Number: same )~ -NWL same
Locus Address: 5 Heller Way Assessor's Map /parcel: 82146
Land Court Plan /Plan Book & Page /Plan File No.: Lot 8 on Land Court Plan 3655 -B
Deed Reference /Certificate of Tide: COT 24866 Zoning Distdct LUG-2
Uses on Lot - Commercial: None X yes (describe)
Residential: Number of dwellings 1 Duplex Apartments
Date of Stmcture(s): all pre -date 7/72 Yes or
Budding Permit Numbers:
Previous Zoning Board Application Numbers: 006 -02
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 hereto as Exhibit °A ".
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penaldes of perjury.
m
Eric F. Silverman and Melianie W. Silverman
Richard Beaudette, Attorney for Owners/Applicants -
*If an Attorney or other Agent is representing the Owner or the Applicant, please provide a signed
proof of agency.
OFFICE USE ONLY
Application received on:JJ_ By:_ Complete:_ Need Copies:
Filed with Town CLerk:JJ_ Planning Board:JJ_ Building Dept:JJ_ By:_
Fee deposited with Town TreasurenJJ_ By:_ Waiver requested:_
Granted: —/—/_ Hesuring notice posted with Town CIakJJ_ Marled:_/_/_
I&M -_ /J_ &_/J_ Heating(s) held on:_/_/_ Opened ort
Continued to: -/ —/— Withdtawn:JJ— Decision Due By:JJ-
Made: -/ -/— Filed w /Town Clerk: -/J — Mailed—/—/_
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -721.5 telephone 508- 228 -7298 facsimile
EXHIBIT "A"
ADDENDUM TO ZONING APPLICATION
5 Heller Way
The Applicants, Eric F. Silverman and Melanie W. Silverman (hereinafter the
"Applicants', are the owners of 5 Heller Way, Nantucket, MA 02554, shown as Lot 8 on Land
Court Plan 36551 -B registered at the Nantucket Registry District of the Land Court and as Parcel
46 on Nantucket Town Assessor's Map 82 (the "Property "). The Applicants hereby request
Special Permit relief pursuant to Section 139 -33 (A)(9) of the Nantucket Zoning By -Law (the
`By- Law"). The Property is located in the Limited Use General -2 ( "LUG -2 ") Zoning District
and is currently improved with a dwelling and attached garage.
The existing conditions of the Property are shown on an As Built Plot Plan prepared by
Nantucket Surveyors LLC, dated July 23, 2013 (the "As Built "), a copy of which is attached as
Exhibit A. As shown on the As Built, the Property consists of a 33,642 + /- square foot lot in a
zoning district with a minimum required lot area of 80,000 square feet; has frontage in the
amount of 206.77' where 150' is required; a front yard setback of 31.4' where 35' is required; a
71.9' easterly side yard setback and a 73.7' westerly side yard set -back where 15' is required, a
rear yard setback of 66' where 15' is required; and a ground cover ratio of 5.4 % (1,812 square
feet) in a district where 4% (1,345 or 1,500 square feet for lots of record) is the maximum
ground cover ratio allowed.
As such, the Property is nonconforming with respect to ground cover and the front yard
setback requirements. As evidenced by the Zoning Affidavit and the As Built, copies of which
are attached as Exhibit B the existing dwelling and attached garage on the Property were
constructed prior to 1972. The Property is therefore preexisting nonconforming with respect to
the current zoning regulations in the LUG -2 Zoning District.
PROPOSED ALTERATIONS
The Applicants propose to demolish the existing dwelling and attached garage and to
construct a new 1,412 square foot dwelling together with separate 400 square foot garage. The
existing ground cover on the Property will not increase and the Applicants plan to cure the
existing front yard setback violation. The property will comply will all other zoning regulations
in the LUG -2 zoning district. The Applicants intend to supplement this application with a Site
Plan showing these proposed plans before the ZBA Meeting for this matter.
Under Section 139 -33A (9) of the By -Law:
If the pre- existing nonconforming structures upon any lot exceed the permitted ground cover
ratio, the special permit granting authority may grant a special permit to authorize the removal
and reconstruction of any or all of the preexisting structures, or any portions thereof, with ground
cover in excess of the permitted ground cover ratio, provided that:
(a) Such special permit shall have been issued prior to the removal of the preexisting
nonconforming structures, or any portions thereof;
(b) Complete or partial removal and reconstruction of a structure shall not result in an
increase in the ground cover of that structure nor any other structure and two or more
structures that are reconstructed shall remain separate from each other;
(c) All reconstructed structures, or portions thereof, shall conform to all applicable front,
rear, and side yard setback requirements; unless relief therefrom is granted under
separate provisions of this chapter; and
(d) The special permit granting authority shall have made the finding that the result of the
proposed removal and reconstruction shall not be substantially more detrimental to
the neighborhood than the existing nonconforming structure and/or use.
CONCLUSION
Granting the proposed Special Permit under the above referenced Section of the By Law
for the proposed work will not be substantially more detrimental to the neighborhood than the
pre - existing non - conforming structures on the Property. As noted, the ground cover will not
increase and the front yard setback violation will be cured as a result of the proposed work.
Further, the new dwelling and garage will comply with the zoning regulations in all other
respects. The proposed plans are suitable for the Property as they are consistent with the existing
conditions on the Property and in harmony with other properties in this area of the Island.
Finally, by granting the requested Special Permit, the Board would be acting in a manner
consistent with the spirit and intent of the Zoning By -Law.
In the alternative, the Applicants request a Variance for the above - proposed work on the
Property pursuant to Section 139 -32. Due to the shape and topography of the lot and the
structures thereon, the literal enforcement of the current LUG -2 zoning regulations would create
a substantial hardship for the Applicants. Further, granting this relief does not involve
substantial detriment to the public good or a derogation of the intent of the By -law.
The Applicants respectfully request that the Board grant the requested relief.
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1. LOT PREDATES ZONING, XLY 27, 1979.
2 DWEWNG WAS BUILT IN 1972 PER MSION
APPRAISAL (NOT WRIFED BY NSLLC).
3. SEE ZBA APPLICATION NO. 006 -94 L.C. DOC.
1129935.
CURRENT ZONIN6:LUG -2
MINIMUM LOT SZE:BD,00D S.F.
MINIMUM FRONTAGE:150'W"""
FRONTYARD SETBACK-.35'
SIDE AND REAR SETBACICI5
_
ALLOWABLE G.C.R.:4R
Ro_riu
MS11NG GZA.:5.4t%
iM PPC TY UNE OERRtlmATKK1 1105 NAY PA
RWSM CUW TD
SAW PUNS WRfCMU,
SR IS Fm mIwwm
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D M ABED
IXAYIN PW M A RE"D. "Y%Y.
AS -BUILT PLOT PLAN
15 HELL WAY
IN
NANTUCKET, MASSACHUSETTS
SCALE 1' =3D' DATE: ]/23/13
DEED REFERENCELC. CERT /16182
PLAN REFERENCELC. PLAN /38551 -B
ASSESSOR'S REFERENCE:
MAP.82 PARC91:46
PREPARED FOR:
ESTATE OF MARGARET C. MADEIRA
NANTUCKET SSTLRM'.YORS LLC AY
NANTUCKET, MA. 02554
EXHIBIT B
t _+
COMMONWEALTH OF MASSACHUSETTS
TOWN AND COUNTY OF NANTUCKET
IN RE: 5 HELLER WAY, AFFIDAVIT OF
NANTUCKET, MASSACHUSETTS BRIAN F. DAVIS
02554
I, BRIAN F. DAVIS, being duly swom, depose and say:
1. I am a natural person who resides at 108 Surfside Road, Nantucket Town and County,
Massachusetts, and make this affidavit of my own personal knowledge and belief.
2. I am familiar with that certain parcel of land, together with the buildings thereon now
known and numbered as 5 Heller Way, Nantucket, Massachusetts 02554, and shown as Lot 8 on
Land Court Plan 36551 -B filed with Certificate of Title No. 6263 at the Registry District of
Nantucket County (the "Premises ") since a time prior to July 1, 1972.
3. The existing structures on the Premises as shown on the As -Built Plot Plan drawn by
Nantucket Surveyors LLC for the Estate of Margaret C. Madeira and dated July 23, 2013, a copy of
which is attached hereto as Exhibit "A ", have existed in their current location and configuration, with
no material alterations, since a time prior to July 1, 1972.
SIGNED UNDER THE PENALTIES OF PERJURY this a26 A day of July, 2013.
B F. DAVIS
COMMONWEALTH OF MASSACHUSETTS �
Nantucket, ss. July vvV 2013
On this A day of July, 2013, before me, the undersigned Notary Public, personally appeared
Brian F. Davis, who is personally known to me, who is the person whose name is signed on the
preceding or attached document, and who acknowledged to me that he signed it voluntarily for its stated
purpose.
Notary Public `
My CmamissiqF LINITORCHARD P. BEAU
NWary Public
�- �COYAplM'EALTH OF MSS
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1. LOT PREDATES ZONING, JULY 27, 1972.
2 DWEWNG WAS BUILT IN 1972 PER VISION
APPRAISAL (NOT VERIRED BY NSLLC).
3. SEE ZBA APPLICATION N0. 006 -92. L.C. DOC.
7129935.
WRRENT ZONINGLUG -2
MINIMUM LOT SIZE:BO,OOD S.F.
MINIMUM FRONTAGE:150'
FRONTYARD SETBACK: 35'
SIDE AND REAR SETBACK:15'
s +r s
ALLOWABLE G.C.R.:4%
xo. saxa
EXISTING G.C.R.:5.4 }S
FOR PR OTY URE DEIIXMINXTION TXIS RDT PUN
ROLES CH CUeENT OEEOS AND PUJIS Cf RE,,,S,
R
MSIRED BY FlN➢ YFA91RE TS AS 9 HEREON.
1W5 RAN IS NDT R6PRE4llTED N BE A TITLE
ENAIIINATM CA A REOANARIE SLRVEY.
AS —BUILT PLOT PLAN
Q5 HEELER WAY
IN
NANTUCKET, MASSACHUSETTS
SCALER' -30' DATE:7/23/13
DEED REFERENOELC. CERT /16162
PLAN REFERENCELC. PLAN 136551 —B
ASSESSOR'S REFERENCE
MAP: 82 PARCEL 46
PREPARED FOR:
ESTATE OF MARGARET C. MADEIRA
NANTUCKET SURVEYORS LLC
5 WINDY WAY
NANTUCKET, MA. 02554
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS i�5j4
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Date: October M0 2912
un
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 066 -12
Owner /Applicant: Eric F. Silverman and Melanie W. Silverman
c/o Vaughan Dale Hunter and Beaudette, PC
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 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 give to the Town Clerk so
as to be received within such TWENTY ( Ys.
AkI U
rd S. Toole, Chairman
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 - 228 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 82, Parcel 46 Certificate of Title No. 24866
5 Heller Way
LUG -2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October
10, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ERIC F. SILVERMAN and MELANIE W.
SILVERMAN, c/o Vaughan, Dale, Hunter, and Beaudette, PC, 2 Whaler's Lane, PO Box 659,
Nantucket, Massachusetts 02554, File No. 066 -12:
2. Applicants are requesting Special Permit relief pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(9) (removal and reconstruction of preexisting nonconforming structures with
ground cover in excess of the permitted ground cover) in order to demolish the existing dwelling
and attached garage and to construct a new 1,412 square foot dwelling together with a 400
square foot garage. The Locus has a lot area of about 33,642 square feet in a zoning district that
requires a minimum lot size of 80,000 square feet; has frontage in the amount of 206.77' where
150' is required; a front yard setback of 31.4' where 35 is required; a rear yard setback of 66'
where 15' is required, and a ground cover ratio of 5.4% (1,812 square feet) in a district when
4% (1,345 or 1,500 square feet for nonconforming lots of record) is the maximum ground cover
ratio allowed. As such, Locus is preexisting nonconforming with respect to lot size, front yard
setback, and ground cover. The Locus is situated at 5 Heller Way, is shown on Nantucket Tax
Assessor's Map 82 as Parcel 46, and evidence of owners' title is registered at the Nantucket
Registry District for the Land Court in Certificate of Title No. 24866. The site is zoned LUG -2.
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented. There were no letters in favor of,
or in opposition to, the application.
4. Attorney Richard Beaudette represented the Applicants. Attorney Beaudette explained to
the Board of Appeals that the Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(9) in order to remove and reconstruct the existing
nonconforming structures on the property.
Specifically, the Applicants are proposing demolish the existing dwelling and attached garage
and to construct a new 1,412 square foot dwelling together with a 400 square foot garage. The
existing ground cover on the property is 1,812 square feet and therefore the ground cover will
not increase as a result of the proposed work. Additionally, the Applicants plan to core the
existing front yard setback violation and the property will conform to the LUG -2 zoning
regulations in all other respects.
5. Therefore, after a discussion with the agent for the Applicants, the Board finds that such a
Special Permit for relief sought by the Applicants pursuant to Nantucket Zoning Bylaw Section
139- 33.A.(9) in order to remove and reconstruct the existing nonconforming structures on the
property, as proposed, would not be substantially more detrimental to the neighborhood because
the proposed work will not increase the ground cover on the Property, will cure the front yard
setback violation, will not create any new nonconformifies, and would be in harmony with the
general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a
Special Permit for the relief sought by the Applicants pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(9) in order to remove and reconstruct the existing nonconforming structures
on the property subject to the following conditions:
a. That the proposed work shall be in accordance with the site plan entitled, "ZBA SITE
PLAN, SILVERMAN RESIDENCE, 5 Hellers Way, Nantucket, MA 02554 ", dated
October 9, 2013, prepared by S.M. Roethke Design, Inc., a copy of which is attached
hereto as "Exhibit A";
b. That there shall be no exterior construction for the proposed work, including the
exterior use of power tools for interior work or for hardscaping, between Memorial
Day and Labor Day of any year.
SIGNATURE PAGE TO FOLLOW
N ikt,
2013
COMMONWEALTH OF MASSACHUSETTS
On the 5o day of _y�/�{.f� li e z - 0 2013,,, before me, the undersigned notary public,
personally appeared // Vl (�iYW�( /� L one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that he /she signed the foregoing
instrumennV' il
instrument voluntarily for the purposes therein expressed.
n l I;w
Notary Public:
My Commission Ex fires:
� LESLIE WOODSON SNELL
NOTARY PUBLIC
mLewnwsxtx a Massocmistrts
My Comm. Esldres Sept 28, 2018
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MEMORANDUM
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Date: January 14, 2014
To: Town Clerk
From: Eleanor Weller Antonietti, Zoning Administrator
Re: Zoning Board Decision #067 -13 — CORRECTION
Both the cover page and the first paragraph on Page 2 of the above referenced ZBA Decision filed with
the Town Clerk on October 22, 2013, contained a scrivener's error which erroneously noted the Zoning
Board Appeals Decision Number as 066 -12. This inadvertent error will neither effect the content of the
decision nor the completed appeal period. The correct ZBA No. is 067 -13.
Eleanor W. Antonietti,
Zoning Administrator
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508- 228 -7298 facsimile
TOWN OF NANTU(�
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
v'
Date: October 10, 2013
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
067 -13
Application No:
Owner /Applicant: Eric F. Silverman and Melanie W. Silverman
c/o Vaughan, Dale, Hunter and Beaudette, PC
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 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 give to the Town Clerk so
as to be received within such TWENTY ( Ys.
E rd S. Toole, Chairman
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- 228 -7215.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 82, Parcel 46 Certificate of Title No. 24866
5 Heller Way
LUG -2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, October
10, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the
following decision on the application of ERIC F. SILVERMAN and MELANIE W.
SILVERMAN, c/o Vaughan, Dale, Hunter, and Beaudette PC, 2 Whaler's Lane, PO Box 659,
Nantucket, Massachusetts 02554, File No. 066 -1-2: 067 -13
2. Applicants are requesting Special Permit relief pursaant to Nantucket Zoning Bylaw
Section 139- 33.A.(9) (removal and reconstruction of preexisting nonconforming structures with
ground cover in excess of the permitted ground cover) in order to demolish the existing dwelling
and attached garage and to construct a new 1,412 square foot dwelling together with a 400
square foot garage. The Locus has a lot area of about 33,642 square feet in a zoning district that
requires a minimum lot size of 80,000 square feet; bas frontage in the amount of 206.77' where
150' is required; a front yard setback of 31.4' where 35 is required; a rear yard setback of 66'
where 15' is required, and a ground cover ratio of 5.4% (1,812 square feet) in a district where
4% (1,345 or 1,500 square feet for nonconforming lots of record) is the maximum ground cover
ratio allowed As such, Locus is preexisting nonconforming with respect to lot size, front yard
setback, and ground cover. The Locus is situated at 5 Heller Way, is shown on Nantucket Tax
Assessor's Map 82 as Parcel 46, and evidence of owners' title is registered at the Nantucket
Registry District for the Land Court in Certificate of Title No. 24866. The site is zoned LUG -2.
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearing. There was no Planning Board recommendation on
the basis that no matters of planning concern were presented There were no letters in favor of,
or in opposition to, the application.
4. Attorney Richard Beaudette represented the Applicants. Attorney Beaudette explained to
the Board of Appeals that the Applicants are requesting Special Permit relief pursuant to
Nantucket Zoning Bylaw Sections 139- 33.A.(9) in order to remove and reconstruct the existing
nonconforming structures on the property.
Specifically, the Applicants are proposing demolish the existing dwelling and attached garage
and to construct a new 1,412 square foot dwelling together with a 400 square foot garage. The
existing ground cover on the property is 1,812 square feet and therefore the ground cover will
not increase as a result of the proposed work. Additionally, the Applicants plan to cure the
existing front yard setback violation and the property will conform to the LUG -2 zoning
regubrions in all other respects.
4DRECEIVED
TOWN OF NANTUCKET 2,114 FEB 14 PEI 1 03
BOARD OF APPEALS NANTUCKET TOWN CLERK
NANTUCKET, MA 02554
Date: February 14, 2014
To: Catherine Stover, Town Clerk
From: Eleanor Weller Antonietti, ZBA Administrator
Re: ZBA Decision 067 -13 — Eric F. Silverman and Melanie W. Silverman— 5 Heller Way
Typograpbital ermr
Dear Catherine,
Attached please find ZBA Decision No. 067 -13 with a corrected third page. After recording said
decision (recorded with the Nantucket Registry of Deeds on January 15, 2014, as Document 143483), it
was noticed that Paragraph 6 inadvertently contained a condition that was not referenced in the
discussion of said matter in the October 10, 2013 Zoning Board of Appeals hearing. This condition
should not have been included in the decision and is herewith stricken from the document.
This correction was formally approved by the Board of Appeals on February 13, 2014 by a vote of 5
(five) in favor and none opposed.
While this is a correction of an inadvertent clerical error, it will restart the appeal period and Abutters will
be notified as such.
Sincerely,
Eleanor Weller Antomerd
Zoning Administrator
Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
!In! 1911111! 9111!GIIIII�'llil�9431Ni1983
Cert, 24866 Coc', SP
Registered: 01/15/2014 02:06 PM
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TOWN OF NANTUI
BOARD OF APP9;kM m
NANTUCKET, MASSACHUSETTS 02554
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Date: _ October 10, 2013
To: Parties in Interest and Others concerned with the Decision of
The BOAR OF APPEALS in the Application of the following:
067 -13
Application No:
Owner/Applicant: Eric F. Silverman and Melanie M Silverman
c(o Vaughan, Dale, Sauter and Beacdatts PC
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with the office of the Nantucket Town Clark,
An Appeal from this Decision say be taken pursuant to Section 17
of Chapter 40Ar Massachusetts Cis neral Laws.
Any action appealing the Decision must be brought by filing a
complaint in Land Court within TwNNTY (20), days after this day's
date. Notice of the action with a copy of the complaint and
certified copy of the Deaision must be give to the Town Clerk so
as to be raceivad within such TNENTY ye.
d S. Toole, arrman
cc: Town Clark
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MAST SPECIAL PEANITS AND VARIANCES SAVE A TINE LIMIT
AND MILL EZPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAN SECTION 139 -30 (SPECIAL PERNITS) , SECTION 139 -32
( VARIANCES). ANY QUESTIONS, PLEASE CALL TIM NANTUCRET ZONING BOARD
OF APPEALS OFFICE AT 508- 228 -7215.
143483
NANTUCKET TONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Masaaehaaetta 02554
Assessor's Map 82, Parcel 46 Certificate of Title No. 24866
5 Heiler Way
LUG -2
1. At n public hearing of the Nantucket Zoning Board of Appeals, on Tla¢sdey, October
30, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Nm,,Qka Massw wth. the Board mode the
following decision on the appliostion of ERIC F. SILVERMAN and MELANIE W.
SILLVERMAN, o% Vaughan, Dale, Hunter, and PC, 2 Whaler's Lane, PO Box 659,
Nantucket, Massachusetts 02554, FiloNo. 066 -1-T, 0370-13
2. Applicants ate mgxsting Special Permit relief pocOnor to Nantucket Zoning Bylaw
Section 139- 33A.(9) (removal and recoaehixtion of premdsta g nonconforming structures with
ground cover in excess of the permitted ground cover) in order to demolish the existing dwelling
and attached garage and w construct a new 1,412 square foot dwelling together with a 400
square foot garage. The Locos has a lot area of about 33,642 square feet in a. zoning district that
regimes a minimum lot size of 80,000 square feet; has frontage in the amount of 206.77' where
150' is required; a front yarn setback of 31.4' wham 35 is required; a rear yard selbrrlc of 66'
where 15' is required, and a ground cover ratio of 5.4% (1,812 square feet) in a district wbeta
4 %(1,345 of 1,500 square feet for nonconforming lots of record) is the meamvm ground cover
ratio allowed As such, Locos is preexisting nonconforming with respect to lot wA £cord yard
setback, and gmrmd onwa The Locus m situated at 5 Haller Way, is shown on Naumeht Tax
Assessor's Map 82 as Parcel 46, and evidence of owners' title is registered at Poe Nanmclxt
ReglenyDistrim frathe Lend COmtm Certificate of TracNo. 24866. The site is zoned LUO,2.
3. Our decision is based upon the application and accompanying materiels, alm,, Cations,
and testimony received at our public hearing. Thee was m Planing Board recommendation on
tea bode that no mauves of planning cneern were preserved. There were no letters in favor of,
or fn opposition to, the application.
4. Attorney Richard Beaodette represemd the Applic ants. Attorney Bcaudette explained to
$e Board of Appeals the the Applicants are requesting Special Permit relief pmsuaat m
Nanrket Zoning Bylaw Sections 139- 33.A(9) in order to remove and reconstruct fie existing
nonconforming stmemres on the property,
Specifically, the Applicants are proposing demolish the existing dwelling and attached garage
and to construct a new 1,412 square foot dwelling together with a 400 square foot garage. The
p2lst4 gmurd cover on the property is 1,812 No= feet and tberefcm the grand weer Will
not increase sa a result of the proposed work Additionally, the Applicants plan to cure the
casting from yard setback violation and the property will conform to the LUCr2 zoning
regulations In all other respects.
143483
5. Therefore, after a discussion with the agent for the Applicants, the Board finds that such a
Special Permit for relief sought by the Applicants pursuant to Nantucket Zoning Bylaw Section
139- 33.A.(9) in order to remove and reconstruct the existing nonconforming structures on the
property, as proposed, would not be substantially more detrimental to the neighborhood because
the proposed work will not increase the ground cover on the Property, will cure the front yard
setback violation, will not create any new nonconformitics, and would be in harmony with the
general purpose and intent of the Zoning Bylaw.
6. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of Appeals grants a
Special Permit for the relief sought by the Applicants pursuant to Nantucket Zoning Bylaw
Section 139- 33.A.(9) in order to remove and reconstruct the existing nonconforming structures
on the property subject to the following conditions:
a. That the proposed work shall be in accordance with the site plan entitled, "ZBA SITE
PLAN, SILVERMAN RESIDENCE. 5 Hellers Way, Nantucket. MA 02554 ", dated
October 9, 2013. prepared by S.M. Roethke Design, Inc., a copy of which is attached
hereto as "Exhibit A ";
SIGNATURE PAGE TO FOLLOW
Dated: kwo.2013
N rkt,
2013
143463
Nal A
COMMONWEALTH OF MASSACHUSETTS
On the M day of tl � > • 2013, before me, the undersigned notary public,
personally appeared 7/ IA /.N 0.1.[.f � &1dLr one of the above -named members of
the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that he/she signed the foregoing
instrument voluntarily for the purposes therein expressed.
*�.�� -
Notary Public:
My Commission Ex Tres:
LEauE WOOOSON SNELL I CERTIFY THAT 20 DAYS HAVE ELAPSED AFTER
NE WOOD SON THE DECISION WAS FILED IN THE OFFICE OF THE
mr NOTARY UBUCcrrts TOWN CLERK. AND THAT NO APPEAL HAS BEEN
; pmp:EaN"SOL29,2018 FILED,PURSUANTTO GENERAL IAWS40A, SECTION II
TOWN CLERK
y .
:1 ATTESTt A r „ue 1%QF'v
NAflRI. T� CLERK .
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