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Home My WebLink About042-14 5 Heller WayFee: $450.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Owner's name(s): Eric F. Silverman and Melanie W. Silverman File NoP _ Mailing address: c/o Vaughan, Dale, Hunter and Beaudette, P.C., 2 Whaler's Lane, PO Box 659, Nantucket Phone Number: 508 -228 -4455 E -Mail: Rick@vdhlaw,com Applicant's name(s): Mailing Address: c/o Vaughan Dale Hunter and Beaudette P.C. 2 Whaler's Lane, PO Box 659, Nantucket Phone Number: 508- 228 -4455 E -Mail: Rick @vdhlaw.com Locus Address: 5 Heller Way Assessor's Map /Parcel: 82/46 ?� Land Court Plan /Plan Book & Page /Plan File No.: LOt 8 on Land Court Plan 5-13 Deed Reference /Certificate of Title: COT 24866 Zoning District LUG -2 Uses on Lot- Commercial: None X Yes (describe) Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre -date 7/72 or Not yet built Building Permit Numbers: Previous Zoning Board Application Numbers: 067 -13 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: Applicants seek a Special Permit to contruct a new 1,420 square foot dwelling and 672 square foot second dwelling and attached garage, totalling 2,092 square feet. The Property currently consists of a 33,642 + /- square foot lot in a zoning district with a minimum required lot area of 80,000 square feet, 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. 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. Special Permit No. 067 -13 was previously granted to Applicants for the demolition of the existing dwelling and attached garage, further permitting construction of a new 1,412 square foot dwelling together with separate 400 square foot garage. The proposed increase is minimal and will increase the total ground cover by 280 square feet with a ground cover percentage of 6.2% and will not be significantly more detrminental to the neighborhood. 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: ✓�Zl) Applicant /Attorney /Agent* *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.:—/—/— By:_ Fee deposited with Town Treasurer:_/_/_ 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 VAUGHAN, DALE, HUNTER AND BEAUDETTE July 18, 2014 Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Request for Special Permit 5 Heller Way Map 82, Parcel 46 Nantucket, Massachusetts 02554 Dear Eleanor: AVnjjAMF. HUNTER OF COUNSEL Thank you for agreeing to grant us an extension to submit the enclosed application materials. Enclosed is the application with supporting documentation with respect the Premises located at 5 Heller Way. The Applicants were previously granted a Special Permit No. 067 -13 to demolish the existing dwelling and attached garage, totaling 1,812 square feet, and to construct a new dwelling and detached garage, totaling 1,812 square feet. However, Applicants now request a Special Permit under Section 139- 33(A)(4)(a) of the Nantucket Zoning By Law to increase the total square footage of the proposed new dwelling and detached garage to 2, 092 square feet. While the property is currently preexisting and nonconforming with respect to ground cover and the front yard setback, the ground cover will increase marginally, the front yard setback violation will be PROFESSIONAL CORPORATION ATTOBNEYS AT LAw tiTHALER'S LANE P.O. BOX G59 EDWARD FOLEY VAUGHAN NANTUCKET, MASSACHUSETTS 02554 KEvIN F. DALE — AICHARD P. BEAUDETTE TEL (508) 228 -4455 _ FA%: (508) 228 -3070 LoRi D'EuA KATELEEN L. KnLOY July 18, 2014 Eleanor Antonietti Zoning Administrator Nantucket Zoning Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 Re: Request for Special Permit 5 Heller Way Map 82, Parcel 46 Nantucket, Massachusetts 02554 Dear Eleanor: AVnjjAMF. HUNTER OF COUNSEL Thank you for agreeing to grant us an extension to submit the enclosed application materials. Enclosed is the application with supporting documentation with respect the Premises located at 5 Heller Way. The Applicants were previously granted a Special Permit No. 067 -13 to demolish the existing dwelling and attached garage, totaling 1,812 square feet, and to construct a new dwelling and detached garage, totaling 1,812 square feet. However, Applicants now request a Special Permit under Section 139- 33(A)(4)(a) of the Nantucket Zoning By Law to increase the total square footage of the proposed new dwelling and detached garage to 2, 092 square feet. While the property is currently preexisting and nonconforming with respect to ground cover and the front yard setback, the ground cover will increase marginally, the front yard setback violation will be cured, and the property will comply with the zoning regulations in all other respects. Please also note that I reserve the right to supplement this application with further materials at a later time. I have also enclosed the filing fee required by the Town of Nantucket in the amount of $450.00. Please mark this matter for hearing by the Nantucket Zoning Board of Appeals at its August 2014 Public Hearing. Thank you for your help in this matter. Please feel free to call me should you have questions. Sincerely, chard Beaudette RPB /klk Enclosures ADDENDUM TO ZONING APPLICATION 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)(4)(a) and (b) 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. Special Permit No. 067- 13 was previously granted to Applicants for the demolition of the existing dwelling and attached garage, further permitting construction of a new 1,412 square foot dwelling together with separate 400 square foot garage. Applicants seek now to increase the total ground cover from the permitted 1,812 square feet to 2,092 square feet, consisting of a 1,420 square foot dwelling and a 672 square foot second dwelling with 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 evidenced by the Zoning Affidavit and the As Built, a copy of which is 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 1,420 square foot dwelling together with separate 672 square foot second dwelling with attached garage. The ground cover on the Property will increase by only 280 square feet and the Applicants will honor the original 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 have attached a Site Plan showing these proposed plans as Exhibit C, and will supplement this application with an updated surveyed plan. Under Section 139 -33A (4)(a) and (b) of the By -Law: (4) Preexisting, nonconforming structures or uses may be extended or altered, provided that: (a) No such extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by this chapter that such change, extension or alteration shall not be substantially more detrimental than the existing nonconforming use to the neighborhood; and (b) A special permit supported by such finding is granted. 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 and the previously granted Special Permit. As noted, the ground cover will increase minimally 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. Specifically, properties directly across the street have significantly higher ground cover ratios. 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. The Applicants respectfully request that the Board grant the requested relief. 2 EXHIBIT A N/F MANFRED W. do PATRICIA T. BREITER 62/45 DHCB FND FDNHD 8 1 ` Y 1 i2ps,,t FDA PA�i LOT 8 AREA = 33,642± S.F. ' 2 STORY, DWpS1NG • —t,812� N/F MICHAEL D. REINKE & KARA E- TOMAIOLO 82/70 r t t > t ss n ox z f' NOTES: 1. LOT PREDATES ZONING, JULY 27, 1972. 2. DWELLING WAS BUILT IN 1972 PER VISION APPRAISAL (NOT VERIFIED BY NSLLC). 3. SEE ZBA APPLICATION N0, 006 -92, L.C. DOC. J129935. CURRENT ZONING:LUG -2 MINIMUM LOT SIZ£:80,000 S.F. MINIMUM FRONTAGE: 150' FRONTYARD SETBACK:35' K J. SIDE AND REAR SETBACK:15' sn 5 ALLOWABLE G.C.R.: 4% tto. 35124 EXISTING G.C,R,:5.4:I:9: FOR PROPERTY LINE DETERMINATION THIS PLOT PLAN RELIES ON CURRENT DEEDS AND PLANS OF RECORD, J VERIFIED BY nELD MEASUREMENTS AS SHOW HEREON. THIS PLAN IS NOT REPRESENTED TO BE A TITLE EXAMINATION OR A RECORDABLE SURVEY. N,B. 378 -136 COPYRIGHT BY NANTUCKET SURV >j >/'9� h� m I to Z a U .J Z Q O W W DHCB FND R= 20.00' L= 33.20' DHCB FND ti I DHCB j FND ! i AS —BUILT PLOT PLAN f5 HELLER WAY IN NANTUCKET, MASSACHUSETTS SCALE: 1' =30' DATE: 7/23/13 DEED REFERENCE:L.C. CERT #15182 PLAN REFERENCE: LC. PLAN #36551 —B ASSESSOR'S REFERENCE: MAP: 82 PARCEL: 46 PREPARED FOR: ESTATE OF MARGARET C. MADEIRA NANTUCKET SURVEYORS LLC 5 WINDY WAY NANTUCKET, MA, 02554 N- 10284 EXHIBIT B COMMONWEALTH OF MASSACHUSETTS TOWN AND COUNTY OF NANTUCKET IN RE: 5 HELLER WAY, NANTUCKET, MASSACHUSETTS 02554 AFFIDAVIT OF BRIAN F, DAVIS I, BRIAN F. DAVIS, being duly sworn, depose and say: 1. 1 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 Wray, 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 a6 A day of July, 2013. B F. DAVIS COMMONWEALTH OF MASSACHUSETTS Nantucket, ss, July ag_�,*22013 On this �L- 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. f Notary Public My Commissi hIRMAICHARD P BEAUDETTE Nolary Public OOMIi4MYEAlTH OF MA63ACHU"s My Commission Expires February 8, 2010 EXHIBIT C W � W Q/ W 'D I �2 �# �2 z l } � -% 2¥w ¥pmaN ate: q 3aN3as k NVWUaA?s Nv ,ia3uisaasoaOaa 65 20 1 E2 Ei! r z tit 62 b2 92 i < w IN. fl H27at b2 48 �y 82-4S 82 49, ��. 82 72 s �!0 B2 22 r A 82 BURRUSS JAMES A 72 FAIRMONT ST CAMBRIDGE, MA 02139 82 NANTUCKET ISLANDS LAND BANK 22 BROAD STREET NANTUCKET, MA 02554 82 BREITER MANFRED W & PATRICIA T 1 HARVEST CIRCLE #15 LINCOLN, MA 01773 82 LANGER CAROL B TRST ETAL 118 HUNTINGTON AV APT 2004 BOSTON, MA 02116 82 HRONES STEPHEN & ANNELIESE TRS MOOR -VU REALTY TRUST 39 WINSLOW STREET CONCORD, MA 01742 82 LEE PETER D & LINDA GAYLE 44 FACKLER ROAD PRINCETON, NJ 08540 82 SISSELMAN STEVEN TRST DAS NANTUCKET REALTY TRUST 273 OTIS STREET WEST NEWTON, MA 02465 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 REINKE MICHAEL D ETAL 1124 ROAN LN ALEXANDRIA, VA 22302 82 SKELLY RICHARD F & BARBARA F 24 DOCKSIDE LN #436 KEY LARGO, FL 33037 82 SWEATLAND SUSAN R TRST SOUTHFORK TRUST 94 MOUNTAIN VIEW DRIVE PITTSFIELD, MA 01201 82 BRIDGES FAMILY LLC 41 WALDRON AVE SUMMIT, NJ 07901 82 RORICK NICHOLAS R & SUEANNE TRST RORICK NICHOLAS FAMILY TR AGRMT 110 S PACIFIC STREET OCEANSIDE, CA 92054 82 SILVERMAN ERIC & MELANIE 146 CENTRAL PARK WEST 15F NEW YORK, NY 10023 82 HUMMOCK POND OF N H A INC 10 ISHMAEL RD NANTUCKET, MA 02554 WITHDRAWAL FORM Print For _ N c� 7� C TOWN OF NANTUCKET' o BOARD OF APPEALS NANTUCKET, MA 02554 r N File No. 042 -14 Map 82 Parcel 46 APPLICANT(S): Eric F. SILVEMAN & Melanie W. SILVERMAN go LtEQ w.f y UPON THE REQUEST OF THE APPLICANT(S) MADE: PRIOR TO x AFTER PUBLICATION OF NOTICE OF A PUBLIC HEARING ON THE ABOVE CAPTIONED APPLICATION, WE, THE NANTUCKET ZONING BOARD OF APPEALS: ACKNOWLEDGE AS A MATTER RIGHT AND WITHOUT PREJUDICE x APPROVE WITHOUT PREJUDICE APPROVE, BUT WITH PREJUDICE THE WITHDRAWAL: x IN FULL OF THE SAID APPLICATION OF SO MUCH OF SAID APPLICATION AS: The Zoning Board of Appeals DATED: October 10, 2014 Eleanor Weller Antonietti, Zoning Administrator 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile n 0