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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
File No. ~ - ~
Map ~ Parcel 176
This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or
to take other action concerning the application of:
Robert C. and Barbara A. Griffin
Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of
the Massachusetts General Laws, Applicant(s)/Petitioner(s) and the Zoning Board of Appeals hereby agree to
extend the time limit
o For a public hearing on the application
o For a written decision
o For other action Special Permit
Such application is:
o An appeal from the decision of any administrative official
o A petition for a special permit
o A petition for a variance
? An extension
o A modification
July 18 2009
, which is not earlier than
The Applicant
for the applic
State Zoning
For Zoning Board of Appeals
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road Nantucket
508-228-7215 telephone
Massachusetts 02554
508-228-7298 facsimile
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Da te: O~rn tJO ri 1 Cf
, 2007
To: Parties in Interest and. Others concerned with the
--])eCislon6f the BOARD OFl APPEALS in the Application of the
following:
Owner/Applicant:
Q>().. r 00 ('~
OOt -07
f20h-Q-rt- (J. Gil'er -J'n
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Application No.:
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in 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 an complaint in court within TWENTY (20) days after
this day's date. Notice of the action with a copy of the
com~laint and certified copy of the Becision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
Nu~ k'
IV'0.V\ ~l If. S'Qukf\ 9 I
Chairman
cc: Town Clerk
Planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING" TO NANTUCKET
ZONING BY-LAW 9139-301 (SPECIAL PERMITS); 9139-321 (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
Assessors Map 43
Parcel 176
Limited Use General- 3
18 Rabbit Run Road
Land Court Plan 13364-D, Lot 1
Certificate of Title 22,365
At a Public Hearing ofthe Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Friday, January 5,2007, in the Conference Room, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application by ROBERT C. GRIFFIN AND BARBARA A.
GRIFFIN, 50 Club House Road, Key Largo, Florida 33037, Board of Appeals File No.
007-07, the Board made the following Decision:
1. Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(9) (alteration/expansion of pre-existing structures/uses, ground
cover replacement). Applicants propose to remove or demolish an existing single-family
dwelling that has a ground cover of about 2,318 square feet (about 6.6%) and replace it in
a slightly different location on the lot with a new single-family dwelling that would not
exceed the existing ground cover. The new house would comply in all other respects as to
setback requirements. At the time of construction in 1975 the maximum ground cover
ratio required in the then LUG-l was 7%, which the lot complied with. The property was
up-zoned to LUG-3 in 2000. The property is nonconforming as to lot size with the lot
containing about 35,527 square feet of area in a district that requires a minimum lot size
of 120,000 square feet; as to ground cover ratio, with the lot containing about 6.6% in a
district that allows a maximum ground cover ratio of3%. The structure conforms to all
setback requirements.
The Premises is located at 18 RABBIT RUN ROAD, Assessor's Map 43, Parcel
176, Land Court Plan No. 13364-D, Lot 1. The property is zoned Limited-Use-General-3.
2. The Decision is based upon the application and the materials submitted with it
and the testimony and evidence presented at the Hearing. The Planning Board made no
recommendation. Other than the presentation by the Applicants representative, there was
no public comment in favor or in opposition and there were no letters on file.
3. The Applicants, through counsel, presented the case. He explained that
Applicants purchased this property in September of2006. The lot is nonconforming as to
lot size with the lot containing about 35, 527 square feet of area in an LUG-3 zoning
district and qualifies as a pre-existing lot of record. The lot is currently improved with a
single- family dwelling with a ground cover of about 2,318 square feet. At the time of the
,
issuance of the building permit the allowable ground cover ratio was 7% which would
have allowed a maximum ground cover of about 2,486 square feet for a lot in an LUG-l
zoning district. Subsequently, the zoning protection expired and the lots in this area
became subject to LUG-3 zoning requirements that allowed a maximum ground cover of
3% or 1,500 square feet, whichever was greater. Therefore, the dwelling is protected by
the "grandfathering" provisions of the Zoning By-law. Applicants now propose to
demolish the existing dwelling and construct a new single-family dwelling that would
comply with all setback requirements and would not have a ground cover in excess of
2,318 square feet. Applicants also represented that, at the time of their purchase, they
entered into a view easement with their abutter so as to insure that new construction
would not adversely affect the neighboring property. No approval had been obtained
from the Nantucket Historic District Commission as of the meeting date, though the
matter had been submitted for review.
4. Based upon the foregoing, the Board finds that demolition of the existing single-
family dwelling, that is nonconforming as to ground cover requirements, and construction
of a new single-family dwelling, that would not exceed the existing ground cover of
2,318 square feet, would not be substantially more detrimental to the neighborhood than
the existing nonconforming situation. In addition, the Board finds that the removal and
reconstruction ofthe single-family dwelling would not result in an increase in the ground
cover of a single-family dwelling on the lot.
5. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief
by SPECIAL PERMIT under Nantucket Zoning By-law Section 139-33A(9) to allow the
demolition of the existing single-family dwelling and construction of a new single-family
residential structure based upon the following conditions:
a) The maximum allowable ground cover shall be 2318 square feet; and
b) The structure shall comply with all applicable zoning setback requirements.
Dated: January 18' ,2007
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TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
2 FAIRGROUNDS ROAD
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held
at 1:00 P.M.. FRIDAY. JANUARY 5. 2007. in the Conference Room, 2
FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following:
ROBERT C. GRIFFIN AND BARBARA A. GRIFFIN
BOARD OF APPEALS FILE NO. 007-07
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(9) (alteration/expansion of pre-existing structures/uses, ground
cover replacement). Applicants propose to remove or demolish an existing single-family
dwelling that has a ground cover of about 2,318 square feet (about 6.6%) and replace it in
a slightly different location on the lot with a new single-family dwelling that would not
exceed the existing ground cover. The new house would comply in all other respects as to
setback requirements. At the time of construction in 1975 the maximum ground cover
ratio required in the then LUG-l was 7%, which the lot complied with. The property was
up-zoned to LUG-3 in 2000. The property is nonconforming as to lot size with the lot
containing about 35,527 square feet of area in a district that requires a minimum lot size
of 120,000 square feet; as to ground cover ratio, with the lot containing about 6.6% in a
district that allows a maximum ground cover ratio of 3%. The structure conforms to all
setback requirements.
The Premises is located at 18 RABBIT RUN ROAD, Assessor's Map 43, Parcel
176, Land Court Plan No. 13364-D, Lot 1. The property is zoned Limited-Use-General-3.
~~ns~~Gv~J~~
TillS NOTICE IS AVAILABLE IN LARGE PRINT OR OrnER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
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NANTUCKET ZONING BOARD OF APPEALS
.. ,f 1 Ij:AST CHESTNUT STREET
NANTUCKET, MA 02554
FER: j300,OO
CASE NO. rot-cJ?
APPLICATION FOR RELIEF
Owner's name(s): tOf>>t2-f- C. Wt'{fr f7 ond &r/:vra /f-- 671 Pf/n
__l'f~~I_i!1~.....~.~~!e_~~_:__...._~__._~~___~~~ 1~?1!j.... ..._-~y--....0.c9!?_~..(~lq~~___~~~_3 2
. Applicant's name(s): (Jo (/}tR ) . _
Mailing address: . (S'Qrn.e )
" Locus'address: /~ tab6r'f-f.()17 ROQ~ Assessor's MapfParcel:43 J 17(p
~ CO~lan Book & PagefPhin File NQ.: /330'-1 '-' b Lot No.: i
Date lot acquired:-YI Z)p/0e. Deed Ref./Cert. of Title: -Z 2, 3 ros Zoning District: L a:;-lll
pses on Lot - Commercial: None ,Yes (describe)
Residential: Number of dwellingsL Duplex--.: Apartments_Rental Rooms
. Building Date(s): All pre-date 7n21 or C of 0(s)1
B_Wlding Perm-it Nos: (0971- Qq )' 2 SY'- ZC;
Previous Zoning Board Application Nos.: ~ 0YtR
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By~law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
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I certify that the informa IOn contained herein is substantially complete and true to the best of my
knowledge, under the pa ns and penalties of perjury.
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SIGNATURE: Applicant Attorney/Agent
(If not owner or owner's torney lease enclose proQf f agency to bring this matter before the Board)
FO - F ICE USE . ~
Application received on:JY. l VO~y: Complete: Need ~:~
Filed with Town Clerk: (L-/71/ ~laifuing B6al d,_;_I_ Building Dept,:_I_~-~
Fee deposited with Town Treasurer:{L'~ I~~ Waiver requested?:_Granted:_'_'_
Hearing notice posted with Town Clerk:lYL1'~ailed:J!:t7tlOW&M: 1(..(<< ()(Q & (L/ C2{6b
Hearing(s) held on:_I_/__Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY: 1 I Made: , , Filed wrrown Clerk: 1 1 Mailed: 1 /_
--- --- -----
ADDENDUM
Applicants are seeking relief by SPECIAL PERMIT under Nantucket Zoning By-
law Section 139-33A(9) (alteration/expansion of pre-existing structures/uses, ground
cover replacement). Applicants propose to remove or demolish an existing single-family
dwelling that has a ground cover of about 2,318 square feet (about 6.6%) and replace it in
a slightly different location on the lot with a new single-family dwelling that would not
exceed the existing ground cover. The new house would comply in all other respects as to
setback requirements. At the time of construction in 1975 the maximum ground cover
ratio required in the then LUG-l was 7%, which the lot complied with. The property was
up-zoned to LUG-3 in 2000. The property is nonconforming as to lot size with the lot
containing about 35,527 square feet of area in a district that requires a minimum lot size
of 120,000 square feet; as to ground cover ratio, with the lot containing about 6.6% in a
district that allows a maximum ground cover ratio of3%. The structure conforms to all
setback requirements.
Town of Nantucket Web GIS - Printable Map
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Prop ID
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Owner
Sale Date
Sale Price
Book/Page
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43 176
18 RABBIT RUN RD
KERN EDWARD P H &
BANITE E
C/O KERN BANITE
POBOX 3998
SEDONA, AZ 86336
05/01/1977
$0
C0007/ 964
0.88 acres
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NOT A LEGAL DOCUMENT
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For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DJs_c!a.imel' The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the suitability for individual needs.
All information is from the Town of Nantucket
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Town of Nantucket Web GIS
Sale Date
Sale Price
Book/Page
Lot Size
43 176
18 RABBIT RUN RD
KERN EDWARD P H &
BANITE E
C/O KERN BANITE
POBOX 3998
SEDONA, AZ 86336
05/01/1977
$0
C0007/ 964
0.88 acres
.
Prop ID
Address
Owner
NOT A LEGAL DOCUMENT
C)
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
Djs.cl<!Jme.[ The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
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Page 1 of2
Town of Nantucket Web GIS
Prop ID
Address
Owner
Sale Date
Sale Price
Book/Page
Lot Size
43 176
18 RABBIT RUN RD
KERN EDWARD P H &
BANITE E
C/O KERN BANITE
POBOX 3998
SEDONA, AZ 86336
05/01/1977
$0
C0007/ 964
0.88 acres
NOT A LEGAL DOCUMENT
For general reference only: Important
caveats which must be considered when
using this data are available from the
Nantucket GIS Coordinator.
DisclaimeL The information displayed on this or
any other map produced by The Town of
Nantucket is for reference purposes only. The
Town of Nantucket does not guarantee the
accuracy of the data. Users are responsible for
determining the sUitability for individual needs.
All information is from the Town of Nantucket
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OF ASSESSORS
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KOWN OF
NANTUCKET, MA
Town of Nantucket
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
QO~~~\ C T ~~~~~Q~ ~.
PROPERTY OWNER...................................................................................
MAILING ADDRESS.......~.9.......~..\.~.~\-:\~.~~~........~.~...'\.....\~~.}.....L i4 R Go "-
PROPERTY LOCATION.............\.. .1.........0::. S .~. S\ .\. ~....... .~.,:\~.......R D
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ASSESSOR MAP/PARCEL...........................................................................
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APPLICANT. ............ .................... .... ................ " ... . ..... ......... ...... . ..... ........
SEE ATTACHED PAGES
I certify that the foregoing is a list of 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, all as they appear on the
most recent applicable tax list (M.G.L. c. 40A, Section II Zoning Code Chapter 40A
Section 139-29B (2)
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ASSESSOR'S OFFICE
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