HomeMy WebLinkAbout021-09 Griffin, Robert C. & Barbara A.
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
FEE: $300.00
CASE NO.
D"l- 0,
APPLICATION FOR RELIEF
Owner's name(s): ROBERT C. GRIFFIN and BARBARA A. GRIFFIN
Mailing address: c/o Richard J. Glidden, Glidden & Glidden, P.c., 37 Centre Street, Nantucket MA 02554
Applicant's name(s): Same
Mailing address: Same
Locus address: 18 Rabbit Run Road
Assessor's Map/Parcel: 43-176
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Land Court Plan/Plan Book & Page/Plan File No.: LC Plan No. 13364-D Lot No.: 1
Date lot acquired: 09/26/06 Deed Ref./Cert. of Title: 22365 Zoning District: LUG-III
Uses on Lot - Commercial: None Yes (describe)
)
Residential: Number of dwellings 1 Duplex_ Apartments_Rental Roo.~s
C ofO(s)?Yes
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Building Date(s): All pre-date 7/72?
Building Permit Nos: 6971-89; 259-75
or
Previous Zoning Board Application Nos.: 2007-07 Special Permit
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:
Applicants seek a Modification of a previously granted Special Permit pursuant to Chapter 139 g30E(8).
Applicants obtained a Special Permit in 2007 (007-07) which allowed them to demolish a single-family
dwelling with a "grandfathered" ground coverage of 2,318 square feet. They demolished the old dwelling but
have not begun construction of the new dwelling. In February of2009 Applicants obtained an Extension of the
Special Permit for six (6) months until July 18,2009.
Applicants seek a Modification of said Special Permit as follows:
Add a new Subsection 5( c) to the Decision, said Subsection to read as follows:
c. The Special Permit shall be deemed to be activated as long as the pre-existing
dwelling is demo islied on or before February 8,2009, and the Building Permit for
the new dwel' g is obtained on or before February 8, 2011.
I certify that the informatio contained herein is substantially complete and true to the best of my
knowledge, under the pains and penalties of perjury.
SIGNATURE: Applicant AttorneY/AgentL
(If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board)
FOR ZBA OFFICE USE
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:_/_/_
DECISION APPEALED?:~_/_ SUPERIOR COURT:
LAND COURT
Form 4/03/03
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LOT 1
35,257 S.F.
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ASSESSORS MAP 43
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ZONING: LUG-3
MINIMUM LOT SIZE:120,OOO S.F.
MINIMUM FRONT AGEl 200 FT
FRONT YARD SETBACK:35 FT
REAR 8c SIDE SETBACKl20 FT
GROUND COVER RA TIOI3%
PLOT PLAN OF LAND IN
NANTUCKET, MA
SCA.LE: 1'= 50'
DATE: SEPTEMBER 7, 2006
JOHN J. SHUGRUE, INC.
57 OLD SOUTH ROAD
NANTUCKET, MA 02554
FORI ED\.JARD PH 8c BANITE M.
KERN
PARCEL NO. 176
#2742ABS
119293
TOVVN'OF NANTUCKET
BO'ARD OF APPEALS
, . '
NANTUCKET; MASSACHUSETTS 02554
Date: JCAI1UOt"'1 t <f
, 20 07
To: Parties i~ In~~r.est and. Others concerned with the,
'.......-..---....De-cTsIOn-.of.fhe BOARD O~ APPEALS in the Appl'ication of the
following:
Application No.: dOl,-O,7
Owner/Applicant :_l2oh.Qrt- L!. Gn I~ ,0/11 (in cJ(
0C).(l,ot"0- tt- GIJ'~I~
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the N~ntucket 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) clays after
this dayis date. Notice of the action with a copy of the
complaint and certified copy of the ~ecision must be given
to the Town Clerk so as to be received within such TWENTY
(20) days.
NU~k'~
N\l.V\ Q.i -;f. SQU~(\ Sl, 'ehai-rman
cc: Town Clerk
planning Board
Building Commissioner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED U?ON ACCORDING'TO NANTUCKET
ZONING BY-LAW n139-30~ (SP~CIAL PERMIT~)'; ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
119293
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 of the 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 Lirnited-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
119293
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 nonconfonning situation. In addition, the Board finds that the removal and
reconstruction of the 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.
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Dated: January fg ,2007
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ATTEST: A TRUE COpy
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, NANTU'ciigttOWN CLERK
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TOWN OF NANTUCIffiT
BOARD OF APPEALS'
NANTUCKET, MA 02554
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File No. --1JSlL - .-OL
Map --4.1- Pared 176
lhis 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 Buoora 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 Vllriance
? An extension
o A modification
July 18, 2009
. which is not eadier than
, attorney, or agent for the Applicant represented to be duly authorized to act in this matter
For Zoning Board of Appeals
Town Clerk Stamp:
Effective Date of Agreement
2 Fairgrounds Road Nantucket Massachusetts 02554
508-228.7215 telephone 508-228-7298 facsimile
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Town of Nantucket
RECEIVED
BOARD OF ASSESSORS
MAY - 7 2009
TOWN OF
NANTUcf<ET. MA
Zoning Board of Appeals
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
o ~ Q. \-:l, p<;' R \.'>r
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PROPERTY OWNER.,...........,.........."..,....,...,.,.........".........,...,... ,.
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MAILING ADDRESS.......~..... .:~:::.... .S.":.-:~.':.~,...... ~.::....,... ~.':::-.~~.... rV\ Ar
PROPERTY LOCATION,...... .\..~....... .~.~. :}'~~.\~...... ,:'?:-.~~........ ~0
Y"u- \\~
ASSESSOR MAP/P ARCEL........................ '.......................................
SUBMITTED By................ .\.\-. .~...... ~~. :.?~~.............................
SEE A TT ACHED PAGES
I certify that the foregoing is a list of all 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, 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).
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A S SSOR'S OFFICE
TOWN OF NANTUCKET
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
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Date:
July 9
,2009
To: Parties in Interest and Others concerned with the Decision of
the BOARD OF APPEALS in the Application of the following:
Application No.:
021-09
Owner/Applicant:
Robert C. Griffin and Barbara A. Griffin
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~ ~. t7~ ~~~
Michael J. O'Mara, Chair.man
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.
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
1. At a Public Hearing of the Nantucket Zoning Board of Appeals, held at 1 :00 P.M.,
Thursday, June 11,2009, in the Garage Area, 2 Fairgrounds Road, Nantucket,
Massachusetts, on the Application by ROBERT C. GRIFFIN AND BARBARA A.
GRIFFIN, c/o Glidden & Glidden, P.c., 37 Centre Street, Nantucket MA 02554, Board
of Appeals File No. 021-09, the Board made the following Decision:
2. Applicants are requesting a modification of a previously granted Special Permit
pursuant to Nantucket Zoning Bylaw Section 139-30.E.(8) (Special Permits). Applicants
are requesting to modify the decision granted in ZBA File No. 007-07 to state that the
Special Permit shall be deemed to be activated so long as the pre-existing dwelling is
demolished on or before February 8, 2009 and that the Building Permit for the new
dwelling is obtained on or before February 8, 2011. The site is located at 18 Rabbit Run
Road, is shown on Nantucket Tax Assessor's Map 43 as Parcel 176, is shown on Land
Court Plan No. 13364-D as Lot 1, and is registered at the Nantucket County Registry of
Deeds as Certificate of Title No. 22365. The site is zoned Limited Use General- 3.
3. 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; however,
Marcus Silverstein, the Zoning Enforcement Officer, spoke in opposition saying that this
type of relief could set a dangerous precedent by extending Special Permits without any
time constraints.
4. The Applicants, through counsel, presented the case. Counsel explained that the
Applicants have demolished the house as allowed by the original Special Permit. They
have submitted house plans to the Historic District Commission (HDC) which have been
approved, and they have obtained a septic permit allowing them to install a four-bedroom
septic system on the property. Under the provisions of the existing Special Permit, as
extended, they have until July 18, 2009, to apply to the Nantucket Building Department
to obtain the building permit to build the approved dwelling. Once the building permit is
issued, the Applicants then have six months to build the foundation and have that work
inspected and signed offby the Building Department. The Applicants are then are
required to complete construction as expeditiously as reasonably possible.
The Applicants have changed their plans and no longer intend to live in this
home. They have placed it on the market and hope that the new buyers will build this
new home. However, if relief is not granted, they will obtain the building permit and
commence construction as they cannot afford to give up this valuable asset. If the
requested relief is granted, the construction will be delayed - which is not detrimental to
the neighborhood. Applicants also argued that demolition of the old dwelling and
obtaining HDC plans for the new dwelling was, in essence, an activation of the Special
Permit and since the original Decision did not deal with this issue, the proposed
amendment really acts as a clarification of that Decision.
5. Based upon the foregoing, the Board finds that the modification of the Special
Permit as requested would not be more detrimental to the neighborhood than denying the
relief, which would result in construction of the same dwelling, just at an earlier date.
6. Accordingly, by a vote of four (4) in favor and one (1) opposed (Poor), the Board
GRANTS the requested relief pursuant to Section 139-30.E.(8) (Special Permits), as
follows:
a) The Special Permit granted in 2007 (No. 007-07) is modified by adding a
new subsection 5( c) reading as follows:
"This Special Permit shall be deemed to be activated as long as the
pre-existing dwelling is demolished on or before February 8,2009,
and the building permit for the new dwelling is obtained on or
before February 8, 2011."
SIGNATURE PAGE TO FOLLOW
Ju/'1
Dated:.~ '1 , 2009
(~~~
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Dale Waine
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tIar Poor
Burr Tupper
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. ~ 1 , 2009
q ,Ju/~ -
On this _ dfX of~~2009, before me, the undersigned Notary Public,
personally appeared II/larK P$r , 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.
~~
Notary Public: ~;ze5$t.K -Mt!l.Jr..e
My commission expires: M,t1l.rct1 ~, dtil ~