HomeMy WebLinkAbout067-13 5 Heller Way10 RECEIVED
TOWN OF NANTUCKET 2014 FEB 14 FPI 1 03
BOARD OF APPEALS NANTUCKET TOWN CLERK
NANTUCKET, MA 02554
Date: Februaty 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
)pograpbieal envr
Dear Catherine,
Attached please find ZBA Decision No. 067 -13 with a corrected third page. After recording said
decision (recorded with the Nanmcket 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 Februsay 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 Antonietti
Zoning Administrator
Fairgrounds Road Nantucket Massa. husetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
143483
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Cart: 24865 Doc: SP
Registered: 01115/2014 02:05 PM
TOWN OF NANTU
BOARD OF APPE m
NANTUCKET, MASSACHUMTWS 02554
r c�
Date: _ October 10, 2013
To: Parties in Intereat and Others conoeraed with the Decision of
The BOARD OF APPEALS in the Application of the following: ,
067 -13
Application No: - 666 -fp-
Owner /Applicant: Eric F. Silverman and Nelanie W. Silverman
c/o Vaughan, Pala, Suntan and Beaudette PC
Enclosed is the Decision of the HOARD OF APPEALS which has this
day bees filed with the office of the Nantucket Town Clark.
An Appeal from this Decision may be taken pursuant to Section 17
of Chapter 60A, 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 i
data. Notice of the action with a copy of the complaint and
osxtified copy of the Decision must be give to the Teen Clerk 90
ae to Be received within such TWBNTY ys.
d S. Toole, airman
cc: Town Clexk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MUST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT i
AND WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING
BY -LAW SECTION 139 -30 (SPECIAL PERMITS) F SECTION 139 -32 i
( VARIANCES). ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD
OF APPEALS OFFICE AT 508- 228 -7215.
143483
NANTUCKET ZONING BOARD OFAFFEALS
2 FNrgmmds Road
Nantucket, Massachusetts 02554
Assessor's Map 82, Parcel 46 Certificate of Title No. 24666
5 Heller Way
LUG -2
1
1. At a public hearing of the NmMwkd Zoning Board of Appeals, m ThuaWay, October
30, 2013, at 1:00 P.M., at 4 Fairgrounds Road, Naurusket, Maeseclmsetts, the Board made the
fbUOwwg decision m the application of ERIC F. SILVERMAN and MELANIE W.
SILVERMAN, do Vaughan, Dala, Hunter. mid 1 PC, 2 Whaler's Lane, PO Box 659,
Nmtueket Mmacbuaetts 02554, File No. 066 -}2•. 087 -13
2. Applicants am mquestiug Special Penult relief pavement to Nantucket Zoning Bylaw
Sectim 139- 33A.(9) (carnival and mwnffWxdon of pm®tistmg aooconibniing structures with
ground cover in excees of the permitted ground cover) in order to demolish the existing dwelling
and attached garage and to construct a new 1,412 squme foot dwelling together with a 400
square foot garage. The Locus has a lot ems of about 33,642 square feet in a zoning district That
requires a minimum lot size of 80,000 s{uara 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'
whew 15' is rerpdred, and a ground cover ratio of 5.4% (1,912 square feet) in a district where
4 %(1 ,345 or 1,500 square, feet for nmcenf®ing lots ofineord) is the maxim® ground con¢
ratio allowed. As an* locos a preexisting muconfoming with respect to lot sill, front yard
setback, and ground cover. The locus is situated m 5 Heller Way, is shown on •N ask» Tax
Assessor's Map 82 as Parcel 46, and evidence of owners' title is registered m the Nmmcluct
Registry District for the Lend Court in Certificate ofTdle No. 24866. The site is coned LUG -2.
3. Our decision is based upon the application and accompanying materiels, representations,
adtestlmony received at our public hearing. There was an Planning Board recommeedmim on
the basis that io nhmten of planting concern wear p¢ seated. There wear no Ictlers m favor of,
or In opposition to, the applion im.
4. Attorney Richard Besudette repreamted the Applicants. Attorney Bcaudetrd explained to
the Board of Appeals that the Applicants are requesting Special Permit relief pursuant ur
Nantucket Zoning Bylaw Sections 139- 33.A.(9) in order to remove and mwnshunt the existing
nonconfimnmg structures on the property .
SPecrSoally, the Applies= em proposing demolish the existing dwelling end attached garage
and to construct a new 1,412 squint Coat dwelling together with a 400 squint foot purge. The
existing ground cover m the property is 1.812 sgnere feet and therefore the ground wver will
not increase an a result of the proposed work Additionally, the Applicants plan to cave the
axis* front yard setback violation and the properiy will confom to the LUG -2 zoning
regulations in all other resprots.
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- 33A.(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 clue the front yard
setback violation, will not create any new nonconformities, 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 Hellem 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: {0, 2013
N t : t, X44 � L. 2013
143483
Keri a
tchael el
they Thayer
COMMONWEALTH OF MASSACHUSETTS
On the !-) day of IM111-11 2013, before me, the undersigned notary public,
personally appeared' / " 't' ` 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 PuhIic:
My Commission Ex Tres:
IL` LESUE WOODSON SHELL I CERTIFY THAT 211 DAYS HAVE ELAPSED AFTER
NOTARY PUBLIC THE DECISION WAS FILED IN THE OFFICE OF THE
aygMlT "M wu.cu S TOWN CLERK. AND THAT NO APPEAL HAS BEEN
; �pnn,&p,aS.tA Ze,aata
FILED, PURSUANT `TIo GENERAL LAWS 40A, SECTION II
TOWN CI E0.K
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Al P tNUE CQPY
. `r��ngl Oti.ERK
LAM 0 i, 2014
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