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Home My WebLink About017-09 Robinson, Lynne & Patrick TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. Owner's Mallin' ddr .1.L " "'~/'*an"fficl..ft)'J:!'~ g a ess. fT\~f) . '" ,0' .I~' jo \' . ., . ' Phone Number: 5r)?-Y?L~41~1'" E-Mail:' Applicant's name(s): l \ \n"l \'_R~~fr\~f:?el!h~leJ(~~n.~0 Mailing Address: j~1t c9 T( ;-'r;'f\Ci.~;t"~Kp+i(fl)o 'OJ ~i' Phone Number:~nk>~l.~~f),.~q'i<H '. E-Mail:'~1')'1e TCh ~rD.:~YtJJT'() Locus Address: ssessor's Map/Parcel: f'Y!:I..ci; - rry Land Court Plan/Plan Book & Page/Plan File No.:{t;OO8~~F-'il~~- ,;'" ", ' Deed Reference/Certificate of Zoning DisttictJili.r~~'. ' Uses on Lot- Commercial: None>'; Yes (describe) Residential: Number of dwellings'" Duplex Date of Structure(s): all pre-date 7/72 or t~f?a Building Permit Numbers: Previous Zoning Board Application Numbers: .............. 2 F..irground.. Ro..d Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile o \~O 0,", , -:1 j ,'--.) State below or attach a separate addendum of specific special permits or variance relief applying for: I certify that the information contained herein is substantially complete and true to the best of my knowledge, -undel' the pains and penalties of perjury. Owner* SIGNAT~;'<'i'~' -- --- - . 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:' 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:_/ _Ft Mailed:___/ _/_ I&M__/_l &1 .1. Hearing(s) held on:IJ-- Opened on :_/_/_ Continued to:;" lie>. Ii;'; Withdrawn:;./../' Decision Due By:... / / Made:-,:"l F Filed w/Town Clerk: .' /~/'. Mailed:_/ /-- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile The Appellants are appealing the Cease, Desist, and Abate Order issued by the Zoning Enforcement Officer (ZEO) dated February 17,2009. The Order drafted by the ZEO alleges that the Appellants are operating a commercial use on residential property within the Limited Use General- 2 zoning district. Pursuant to Nantucket Zoning Bylaw Section 139-7, commercial uses are not allowed in the Limited Use General - 2 zoning district. The Appellants are owners and operators of a total of four taxi cabs (Milestone Cab Company and Rolling Stone Cab Company). Appellants argue that they are not operating a Taxi Cab Business as defined in Nantucket Zoning Bylaw Section 139-2 because no individual or company has three or more taxi cab licenses. The Appellant has only two taxi cab licenses in her name and her husband has two taxi cab licenses in his name. Therefore, although the Appellants live together and store their vehicles in the same location, they are two separate businesses and should not be considered a Taxi Cab Business under Nantucket Zoning Bylaw Section 139-2. Further, the Appellants contend that they operate a home occupation pursuant to Nantucket Zoning Bylaw Section 139-7.A.(4) and, accordingly, this use is allowed in all districts. The Appellants argue that that the requirements of Section 139-7.A.(4) apply to their situation as they are conducting a low impact commercial use on the property. Appellants note that each taxi cab makes an average of two trips in and out of the premises each day. The taxi cabs are stored only during the evening, usually from 2:00 am to 6:00 am. Additionally, the Appellants believe that they meet all the criteria of the home occupation use because the home occupation is conducted by the occupants of the dwelling on the lot and there is not more than one additional worker who is not an occupant of a dwelling upon the lot, there is no exterior storage of material or equipment on the lot, the gross floor area used in connection with the home occupation does not exceed 800 square feet, the home occupation does not generate an average daily traffic generation during the months of June through September that exceeds 14 vehicle trips per day, and there are no retail sales on the lot. Therefore, the Appellants are appealing the Order issued by the Zoning Enforcement Officer ordering them to Cease, Desist, and Abate and contend that the commercial use on the premises is allowed pursuant to Nantucket Zoning Bylaw Section 139-7.A.(4) as a home occupation use. # 5J{)o RECEiVED BOARD OF ASSESSORS FEB 2 4 2009 Town of Nantucket Towr\.! OF Nfl,l~TUCKET, MA Zoning Board of Apl'eals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER. .0~.~.. ..j~ ).~O? ~~. <~'... .~~~. ~.~.~.~'. .'~........ MAILING ADDRESS..... 3....... .t~~t r: .\~ S..~l:.\..... .L0.J.......... Hf!'J?I~ f tl)tc4''- PROPERTY LOCATION. . ...! ':-/.i..., ,lir.l(!1./!1 t:(./(. .If!!, , P:s. , .. . ...... . ASSESSOR MAP/PARCEL.. .~.ti..~.. p.~/....."..,........,................... .... SUBMITTED By.J f4(<I((..11. t!.t?l1 J(!&:. .. ............ ,.. 5 .c:.8'., -.c!.2. (, :'..0 ? 1 SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who are owners of abutting property, owners ofland directly opposite on any public or private street or way; and abutters ofthe abutters and all other land owners within 300 feet ofthe property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139-29B (2). 6,) ~i ~ ~s ;)0177 DA / Hk;AU I? 4fi4/ A~SESSOR'S OFFICE' TOWN OF NANTUCKET IV ...... IV u-:o ...... IV o o O'\O'\O'\O\O\O'\O\mO'\O\O\O'\O'IO\O'\lnl11 a= O'\O'\O"\O'\lnU1l11l71l11U1U1U1lnlnln-...J...,J PI 'tl f-' o ~1-'''''''''''cx)CD(I)CD.....:I...,J...,J....:I-..JU1W'''''''' t" I\)WWI\)U1~WO\oQ)-.JWl\) ~tIlIo 0 o I\) 0 \0 ~ "'" -..J w "'" ~ 2 ~ I I ~ ~ ~ 3: ~ I>J :>l :<l ~ H g ;:! 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". ~ to ~ I-' ~ I-' I-' I-' I-' I-' tl to n \D \.oJ ~ ~ H I>J ~ ~ ". 0\ O:::cJ :<l ~ :<l \.oJ ~m ~ I>J tl to :<l I>J ~ I>J ~ ~ tl I>J 0 tr:! ~ ~ ~ ~ t"' tl H :<l H :<l tIl tl Z tl ~ ~ H !z: Cj) n "- o tl o Z ~ t' ~ H I>J :.: ~ :<l to ~ n "- o '>;l >' t' n ~ E I>J Z :.: Print Form o \.0 ;= ..-- TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 eX) ",J ,J w FileNo,~-~ Map ~ Parcel~ 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: JOSEPH M. L B. RE ECCA LAMB. REBECCA L. LAMB AS OWNER L'fML '& 1',,' ric\ \\. I'v\~"" AI ArlU,~'" ~ Pursuant to the provisions of t e Acts of 1 <}~7, Chapter 498, amending the State Zoning A.ct, 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 K For a written decision o For other action Such application is: K An appeal from the decision of any administrative official o A petition for a special permit o A petition for a variance o 1\n extension o A modification The new time limit shall be midnight on Ju 1 V 15. 2 009 a time limit set by statute or bylaw. , which is not earlier than The Applicant (s), attorney, or agent for the Applicant represented to be duly authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the St te Z 'ng Act, as amended, to the extent, but only to the extent, inconsistent with this agreement. j, iJ~ (JBQ) For Zoning Board of Appeals Effective Date of Agreement Town Clerk Stamp: 2 Fairgrounds Road Nantucket Massachusetts 508-228-7215 telephone 02554 508-228-7298 facsimile rtj, TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 , co Date: July 8 ,2009 To: Parties in Interest and Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 017-09 Owner/Applicant: Joseph M. Lamb, Rebecca Lamb, and Rebecca L. Lamb as Owners, Lvnne and Patrick Robinson as Appellants 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 given to the Town Clerk so as to be received within such TWENTY (20) days. <1 Michael J. ;..H1.~1 / Vi " It / L 'O'Mara, Chairman .':. ,\ '( /..' .'~.') ~j i. [1 ( X)~ 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 141 Hummock Pond Road Assessor's Map 65, Parcel 4 Certificate of Title No. 22221 Limited Use General- 2 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals on Thursday, May 14, 2009, at 1:00 P.M., and Thursday, June 11, 2009 at 1:00 P.M. at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application in Zoning Board of Appeals File No. 017-09 of Joseph M. Lamb, Rebecca Lamb, and Rebecca L. Lamb as Owners, Lynne and Patrick Robinson as Appellants, of 141 Hummock Pond Road, Nantucket, MA 02554. 2. Appellants are appealing the Cease, Desist, and Abate Order issued by the Zoning Enforcement Officer alleging that the Appellants are operating a commercial use on a residential property located within the Limited Use General - 2 zoning district. The Order states that Appellants are operating a Taxi Cab Business on the premises. The Appellants contend that they operate a home occupation pursuant to Nantucket Zoning Bylaw Section 139-7.A (allowed uses) - a use that is allowed in all zoning districts. The site is located at 141 Hummock Pond Road, is shown on Nantucket Tax Assessor's Map 65 as Parcel 4, and is registered at the Nantucket County Registry of Deeds as Certificate of Title No. 22221. The site is zoned Limited Use General- 2. 3. Our Decision is based upon the Application and accompanying materials, representations and testimony received at our public hearing. The Planning Board made no recommendation finding that the Application did not present any issues of planning concern. No abutter comment was received either in favor of or against the Application. 4. The Appellants represented themselves at the hearings. The informed the Board that they are appealing the Cease, Desist, and Abate Order issued by the Zoning Enforcement Officer (ZEO) dated February 17, 2009. The Order drafted by the ZEO alleges that the Appellants are operating a commercial use on residential property within the Limited Use General - 2 zoning district. Pursuant to Nantucket Zoning Bylaw Section 139-7, commercial uses are not allowed in the Limited Use General- 2 zoning district. The Appellants are owners and operators of a total of four taxi cabs (Milestone Cab Company and Rolling Stone Cab Company). Appellants argue that they are not operating a Taxi Cab Business as defined in Nantucket Zoning Bylaw Section 139-2 because no individual or company has three or more taxi cab licenses. The Appellant has only two taxi cab licenses in her name and her husband has two taxi cab licenses in his name. Therefore, although the Appellants live together and store their vehicles in the same location, they are two separate businesses and should not be considered a Taxi Cab Business under Nantucket Zoning Bylaw Section 139-2. Further, the Appellants argued that they operate a home occupation pursuant to Nantucket Zoning Bylaw Section 139-7.A.(4) and, accordingly, this use is allowed in all districts. The Appellants stated that that the requirements of Section 139-7.A.(4) apply to their situation as they are conducting a low impact commercial use on the property. Appellants note that each taxi cab makes an average of two trips in and out of the premises each day. The taxi cabs are stored only during the evening, usually from 2:00 am to 6:00 am. 5. The Zoning Enforcement Officer informed the Board that he had received a complaint that the Taxi Cabs were being stored during the evening on the premises. The Zoning Enforcement Officer also indicated that this could be a dangerous precedent as individuals could live together and only have two licenses registered to his or her name. This could create a situation where one locale has multiple Taxi Cabs stored without technically being a Taxi Cab business under the Bylaw. 6. Therefore, the Board finds that as this is a unique situation that and that the Appellants are not operating a commercial Taxi Cab business as is written in the code because each individual only has two (2) licenses. As the Taxi cab regulations have been updated so that no person may now have more than one (1) license, this particular situation of a husband and wife having a total of four (4) licenses cannot be replicated. Accordingly, the Board finds that no Taxi Cab business exists as no individual or company has three or more Taxi cab licenses. 7. Accordingly, by a motion made and duly seconded to OVERTURN the Order set forth by the Zoning Enforcement Officer, there were five (5) votes in favor and none (0) opposed. 2 SIGNATURE PAGE TO FOLLOW Dated: ~2009 c Nantucket, ss. COMMONWEALTH OF MASSACHUSETTS July g ,2009 On this ~ day of JuJy, 2009, befo!e me, the undersigned Notary Public, personally appeared K.€ rl J11 ~05;r:'/(fa C , who is personally known to me, and who is the person whose name is signed on the preceding or attached document, and who acknowledged to me that he/ she signed it voluntarily for its stated purpose. !6ur4/11U<< Notary Public: v'ei1~S.<;.e:......I<', ~1ot.') v-P My commission expires: ,v[ctrJ'1 .j).rJ./.;t)I:!J 3