HomeMy WebLinkAbout025-10 Rabbit Run, LLCFEE: $300.00
APPLICATION FOR RELIEF
Owner's name(s): Rabbit Run, LLC
Mailing address' 2 Autumn Lane, Hamilton, MA 01936
Applicant's name(s): s
Mailing address:
Locus address:
same
18 Rabbit Run Road
Assessor's Map/Parcel:
Land Court Plan/Plan Book & Page/Plan File No.: LC Plan 13364-D
Date lot acquired:
10/15/2009
Deed Ref./Cert. of Title: 23371
CASE NO.
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43176 rv
_ Lot No.• 1~-
Zoning Districtp LUG-III
Uses on Lot -Commercial: None- Yes (describe)
Residential: Number of dwellings lOBx x t~ne~nts
Building Date(s): All pre-date 7/72? or
Building Permit Nos:
6971-89; 259-75
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C of O(s)?
Previous Zoning Board Application Nos.: 2007-07; 2009-021
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:
SEE ATTACHED SHEET
I certify that the information ontained herein is substantially complete and true to the best of my
/ ,,
knowledge, under the pains nd penalties of perjury.
SIGNATURE: Applicant Attorney/Agent ~.~
(If not owner or owner's attorney, p ase 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Hearing(s) held on: / / Opened on: / /_ Continued to: / /-Withdrawn?: / /_
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MA 02554
DECISION DUE BY: /_/ Made: /_/_ Filed w/Town Clerk:-/ /_ Mailed: /_/
DECISION APPEALED?: / / SUPERIOR COURT: LAND COURT Form 4/03/03
EXHIBIT A
Applicant seeks variance pursuant to CH 139 QJ 32 from ground cover requirements
contained in CH 139 Q) 16. Applicant is building a house as allowed upon Special Permit
No. 007-2007 extended by 021-2009. This Special Permit allowed the demolition of a
pre-existing dwelling with a total ground cover of 2,318 square feet and the construction
of a new single-family residential structure with a maximum ground cover not to exceed
2,318 square feet. Applicant obtain approval from the Historic District Commission for a
single-family dwelling with 1,931 square feet of ground cover and approval from the
Historic District Commission for a separate garage structure with ground cover of 296
square feet. The total ground cover of the two structures is 2,227 square feet which is 91
square feet less than what is allowed. However the zoning enforcement officer has
determined that since the garage is not connected to the house it is not permitted under
the existing Special Permit. The zoning enforcement officer has told applicant that he
must obtain a variance in order to obtain a building permit to build the garage.
MRP.-23-2007 22:47 FROM:
(~FFI~E QF ZONTN~ ENFO
TOWN BUILDING ANNEX
37 WASHINGTON STREET
NAIVTUCKE'I', M:ASSAGHUSETTS
melephone 508-32b-7578
Fax 608-32b-7579
March 23, 201 Q
John 1,ampe
] 7 Smith's Pt. Rd.
Manchester, MA U 1944
llear Mr. Lampe;
c
Your request for work at 1$ Rabbit Run Rd. (1VIap# 43, Parcel# I76), has bee~i~denied for
the following reason(s):
On ,lanuary 1$, 2UU7, the Nantucket Zoning Board of Appeals (ZBA) issued sa
permit #007-07 allowing the then-existing 2,318-square foot single family dwi
demolished and a replacement 2,318-square foot single family dwelling to be
constructed, per § 139-33A(9} of the Zoning Codc. This relief was extended >~h
the ZBA in file #021-09. While §139-33A(9) allows the removal and reconstr
structure or structures that exceed the allowable ground cover, the section sped
prohibits reapportionment of ground cover to ocher structures. To add any otH+
structure to 1$ Rabbit Run Road, you must receive variance relief from the ZI3
contact John Brescher, ZBA Administrator, at SU8-228-721.5 for information d
proceed,
you have any questions regarding this notice please call, fax or visit.
K s ectiully, '
anus Sily
Zo nforcernent Officer
"Town of Nantucket
Plmwr ba udviwad that an appeal of this denial moy be AGd within 36 dAyB of this MOtiw with /hs!Luaing uw.d o(Appcek~ pu.~
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TOWN OF NANTUCKET -f'1.~~-_~
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BOARD OF APPEALS ,. r
NANTUCKET, MASSACHUSETTS 02~~4
Date: June 28, 2010
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To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 025-10
Owner/Applicant: Rabbit Run, LLC
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 gi en to the Town Clerk so
as to be received within such TWENTY (20)~days.
4~
J. O'Mara, Chairman
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
18 Rabbit Run Road
Assessor's Map 43, Parce1176
Land Court Plan 13364-D, Lot 1
Certificate of Title No. 23371
Limited Use General - 3
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals on
Thursday, May 13, 2010, 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. 025-10 of Rabbit Run, LLC of 2 Autumn Lane,
Hamilton, MA 01936.
2. Applicant is requesting variance relief pursuant to Nantucket
Zoning Bylaw Section 139-32 (variances) from the intensity regulations found in
Nantucket Zoning Bylaw Section 139-16.A. (intensity regulations -ground cover)
to allow the construction of a 296 square foot garage on the locus. The Applicant
has a Special Permit for the demolition and reconstruction of a primary structure
not to exceed 2,318 feet in ground cover. The Applicant has reduced the size of
the primary structure to 1,931 square feet of ground cover and is proposing a
garage with 296 square feet of ground cover. Accordingly, as the garage is not
connected to the primary structure, it does not have the benefit of the Special
Permit. 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 13364-D as Lot 1,
and is registered as Certificate of Title No. 23371 at the Nantucket County
Registry District of the Land Court. The site is zoned Limited Use General - 3.
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 as this was not a matter of planning
concern. No letters were received in favor of nor in opposition to the
Application.
4. At the hearing, Attorney Richard Glidden represented the
Applicant. Attorney Glidden informed the Board that the Applicant is
requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139-32
from the intensity regulations found in Section 139-16. Specifically, the
Applicant is requesting Variance relief from the ground cover regulations of the
Limited Use General - 3 zoning district (3% ground cover ratio). Attorney
Glidden stated that the Applicant is constructing a house as allowed in Special
Permit No. 007-07 (as further extended by File No. 021-09). The Special Permit
the Applicant received allowed for the demolition of apre-existing dwelling with
a total ground cover of 2,318 square feet and the construction of a new single
family residential structure with a maximum ground cover not to exceed 2,318
square feet.
The Applicant then obtained approval from the Historic District Commission for
a single-family dwelling with 1,931 square feet of ground cover and approval
from the Historic District Commission for a separate garage structure of 296
square feet.
The total ground cover for the two structures is 2,227 square feet, which is 91
square feet less than what is allowed. However, the Zoning Enforcement Officer
has determined that since the garage is not connected to the house, it is not
permitted under the existing Special Permit. Accordingly, the Zoning
Enforcement Officer has suggested the Applicant request Variance relief for this
proposed second structure. Because the new structure does not receive the
benefit of the existing Special Permit as it is technically a new structure, the
Applicant is in requesting a Variance for an overall groundcover ratio of 6.3% -
which is less than the originally proposed single family dwelling which had a
ground cover ratio of 6.6%.
6. Therefore, the Board finds that owing to circumstances relating to
the soil conditions, shape or topography of such land or structures and especially
affecting such land or structures but not affecting generally the zoning district in
which it is located, a literal enforcement of the provisions of this chapter would
not involve substantial hardship, financial or otherwise, to the Applicant, and the
desirable relief may not be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent or
purpose of such a bylaw because the Board felt that it would be possible for the
Applicant to attach the two structures and therefore be within the bounds of his
existing Special Permit.
7. Accordingly, by a motion made and duly seconded to GRANT the
requested VARIANCE pursuant to Nantucket Zoning Bylaw Section 139-32 from
the intensity regulations in Section 139-16 to allow the Applicant to construct a
detached garage on the locus there were THREE votes in favor (O'Mara,
2
Koseatac, McCarthy) and TWO opposed (Toole and Botticelli). Therefore, the
requested Variance is not granted for lack of a supermajority.
SIGNATURE PAGE TO FOLLOW
Dated: 2010
!\ _
n McCarthy
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. July ~ , 2010
On this ~ day of Jul 2010, before me, the undersigned Notary Public,
personally appeared /~/(`~~ ~' /~1~~.. ,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.
~i~ ~
Notary Public: VCr1CSS~t K . M~~'~
My commission expires: 3 . ~-,i 3
4