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HomeMy WebLinkAbout063-11 Rabbit Run, LLCDate: Mav 11, 2012 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 063 -11 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 given to the Town Clerk so as to be received within such TWENTY (20) days. Edward S. Toole, 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 Assessor's Map 43, Parcel 176 Lot 1, Land Court Plan No. 13364 -D 18 Rabbit Run Road Limited Use General - 3 Certificate of Title No. 23,371 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, November 10, 2011 and December 8, 2011 at 1:00, at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the application of RABBIT RUN, LLC, c/o Glidden & Glidden, P.C., 37 Centre Street, Nantucket, MA 02554, File No. 063 -11: 2. Applicant is requesting Special Permit relief pursuant to Nantucket Zoning Bylaw Section 139- 16.C.(2) (unintentional setback intrusion) in order to validate an un intentional setback intrusion of 1.5 feet into the front yard setback requirement. The porch is sited approximately 33.5 feet from the front yard setback in a zoning district that requires a thirty -five (35) front yard setback. The Applicant also requests a modification to Special Permit No. 007 -07 seeking to validate the ground cover of the structure as- built. The Applicant is proposing to allow the ground cover of the structure to be increased by about thirty -five (35) square feet from 2,346 to 2,381 square feet. In the alternative, the Applicant is requesting Variance relief pursuant to Nantucket Zoning Bylaw Section 139 -32 (Variances) from the intensity regulations in Section 139 -16 (intensity regulations - ground cover, setbacks) to validate the structures as- built. The Locus is situated at 18 Rabbit Run Road, is shown on Nantucket Tax Assessor's Map 43 as Parcel 176, is shown as Lot 1 on Land Court 11 Plan 13364 -D, and is registered as Certificate of Title No. 23,371 in the Nantucket County Registry District of the Land Court. The property 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. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in support of or in opposition to the project on file. 4. Attorney Richard Glidden represented the Applicant at the hearing. Attorney Glidden stated that the Applicant is requesting a modification to Decision No. 007 -07 to allow the ground cover of the structure to be increased by about thirty - five (35) feet from 2,346 to 2,381 square feet, or, in the alternative, Variance relief in order to validate this increase in ground cover to the structure. This increase in ground cover is due to a porch that was inadvertently not counted as ground cover when the structure was originally staked. The Applicant originally had a front yard setback violation on the Locus, but it was ascertained by the Zoning Enforcement Officer that such a setback violation did not exist because of the configuration of the road layout. Attorney Glidden explained to the Board that the Applicant is not requesting any additional work be done to the structure in question, but instead to validate the work that has been completed. 5. The Board expressed concern with the application and requested the Applicant to provide the Board with the relevant Historic District Commission approvals so the Board could ascertain where the discrepancy in the plans occurred. At the December 8th hearing, the Applicant brought the approved Historic District Commission plans to the hearing, but the Board was unable to determine where in the chain of events this error in ground cover took place. The Board also acknowledged that the Applicant has been before the Board of Appeals three times since File No. 007 -07 for various other forms of relief. 6. The Board considered the requested relief of both a Variance and a modification to Decision No. 007 -07. With respect to the Variance relief, the Board considered whether or 2 not 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 involve substantial hardship, financial or otherwise, to the Applicant and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw. With respect to the modification, the Board considered whether or not such the structure, as modified from Decision No. 007 -07, will be in harmony with the general purpose and intent of the Zoning Bylaw. 7. Accordingly, a motion was made, and duly seconded, to grant the requested relief to allow the ground cover of the structure to be increased by about thirty -five (35) square feet from 2,346 to 2,381 square feet. The vote was THREE in favor (Koseatac, Botticelli, McCarthy) and TWO opposed (Toole and Angelastro opposed) . Therefore the requested relief does not pass for lack of the requisite four votes necessary to approve a modification to the existing Special Permit pursuant to Nantucket Zoning Bylaw Section 139- 30.E.(3) and the requisite four votes necessary to approve a Variance pursuant to 139 - 32.F. (3) . SIGNATURE PAGE TO FOLLOW 3 Dated: �V ,2012 COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. �j. 2012 On this da o, 2012, before me, the undersigned Notary Public, personally appeared LI A , 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 tha0e she signed it voluntarily for its stated purpose. ��// Notary lic: My c mmission expires: 0