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HomeMy WebLinkAbout053-94 Appeal 159 Orange St_Zjae PCZ XU TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 Owner's name(s): Ronald K. Bamber : o 3 C_ c � C-) rn m w n rn C) 0 File No. Mailing address: c/o Reade Gullicksen Hanley and Gifford, LLP Phone Number: 508-228-3128 E -Mail: SLC a readelaw.com Applicant's name(s): Ronald K. Bamber Mailing Address: _(6 Youngs Wil Post Office Box 2669 Nantucket MA. 02584 Phone Number: 508-228-3128 E -Mail: SLCCcr_readelaw.com Locus Address: 159 Orange Street Assessor's Map/Parcel: 55-170 Deed: Book 200 Page 41 Plan.: Lot I P1Bk 13 Pg 40 Zoning District: _RC2 Uses on Lot- Commercial: office Residential: Number of dwellings 0 Duplex 0 Apartments 0 Date of Structure(s): all pre -date 7/72 No or 1984 Building Permit Numbers: Previous Zoning Board Application Numbers: None 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Ani Notice of Zoning Code Violation and Order to Cease. Desist and Abate The locus is a lot of approximately 11,580 sf in the RC2 zoning district. It houses offices for concierge and travel services business. It previously was a real estate office and residence with a garage. It contains two curb cuts, one on Orange Street dating to at least the 1950s and one on West Creek Road that was installed in 1984. The second curb cut pre -dates the adoption of Section 139-20.1(B)(1) of the Nantucket Zoning Bylaw, which prohibits two driveway accesses on the same lot without Planning Board relief, as adopted in 1998 and amended since then. The locus and structures thereon are conforming in all other respects. On July 1, 2103, the Zoning Enforcement Officer issues a Notice of Zoning Code Violation and Order to Cease, Desist and Abate, asserting a violation of Section 139- 20.1(B)(1). This assertion is not correct. That curb cut is grandfathered and has not been abandoned. There are posts and a chain to present unauthorized use by customers of other businesses, but the owner, the owner's invitees, and the Town of Nantucket have consistently and ordinarily used that curb cut as one of the two accesses to the locus (see evidence provided). Accordingly, Applicant appeals the Notice and Order of the ZEO under Nantucket Zoning Bylaw Section 139-31(A), and seeks relief from such. I certify that the information contained herein is substantially complete and true to the best of my knowledge, under the pains and penalties of perjury. SIGNATURE: SIGNA' Steven L. Cohen, as duly authorized attorney OFFICE USE ONLY 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:— / -/- 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile �3( ambers (Teak Pstate 28 Washing Pond Road P.O. Box 26 Nantucket Island. Moss. 02554 "Specializing in the sale of exceptional homes 508-228-1416/FAX 508-325-4931 and properties" www.bomberrealestate.com bamberre0nantucket. net July 17, 2013 To: Andrew Vorce Director of Land Use Services & Selectman of Nantucket Subject: Registered letter dating June 6, received June 9, 2013 from Marcus Silverstein, zoning officer I Ronald Bamber went down to talk with Marcus Sileverstein to show him aerial photos taken from 1957 - 1975 of my property located at 159 Orange Street. The property I purchased in April 28, 1983 over thirty years ago had a house and attached 2 car garage and curb cuts and cement apron on 159 Orange Street. I sold the house and garage to Walter Glowacki which was moved off. I then built my real estate office in 1984. I have never abandoned my access and curb cut ever on 159 Orange Street. The town of Nantucket has maintained the three trees they have planted and pruned them every two years with the truck coming in on my curb cut along with my self using it for 30 years. I put two 6'x6' post & chain across the Orange Street access to stop the customer's going to Food For Here & There from parking on my property. I also did the same thing on my West Creek Road curb access. My driveway off West Creek Road has been there starting in 1984 I did not gravel the driveway for a couple of years off of West Creek Road. Marcus Silverstein informed me would have to go to the Zoning Board of Appeals. I said it was pre existing zoning on both driveways. I talked to Andrew Vorce and showed him the pictures and dates. Andrew Vorce said show the aerial photos and dates to the building inspector Steve Butler. I did this on July 12, 2013 it was late in the day and Steve Butler said come back Monday July 15'. When I came back to the building department Steve Butler said see Marcus Silverstein. I asked Marcus if he would look at the evidence I had. I believe your ruling was an error and I had looked into his ruling with an attorney. I asked Marcus what should I do now, he said it was my problem and get a lawyer. I then asked Marcus who complained about my curb cut access on 159 Orange Street he said he did and then started being loud and obnoxious to me. He should have had his research done before sending me a registered letter to cease & desist and abate or the $ 300.00 dollar a day fine may start. I would like to file a formal complaint against him. You should not have a violent & obnoxious zoning enforcement officer working for the town and he is a disgrace to represent Nantucket not to do his research before sending me a registered letter. I moved to Nantucket in 1971 and had a contractor's license for years and built quite a few houses all over and have owned over 152 properties and still own 4 commercial and 1 waterfront I purchased years ago. I talked to Joan Fisher who lives next door at 161 Orange Street about my problem with Marcus Silverstein the zoning officer. Joan stated that curb cut has always been there and we also noted when we both paid one half for the brick sidewalks years ago and the town paid for the other half. The Planning & Land Use Services Dept. Andrew Vorce & Leslie Snell and everyone there in the offices has always treated me wonderful. More so now we are all lucky to have Andrew Vorce and all of the employees do a wonderful job representing the Town of Nantucket and us. I do have one major complaint against Marcus Silverstein the zoning officer the way he talked to me and his attitude. Marcus should not be representing Nantucket in an unprofessional manner. Hopefully the selectmen will take appropriate action. Enclosed are my photos and documentation on my 159 Orange Street curb cut and West Creek Road cut. See letter from the D.P.W. Sincerely, Ron Bamber J ` � Planning and Land Use Services Building . Health . Historic District Commission . Planning Board . Zoning Board of Appeals Notice of Zoning Code And Order to Cease, Desist, Violation and Abate Mr./Mrs./Ms. Ronald Bamber, and all persons having notice of this order: As owner/occupant of the premises/structures located at 159 Orange St. (Map# 55, 1P?r�Pl 17Q1 ��nii ara 1�aro}i.�r±rttif;a� +int ,rn,l ?ra in ,.ill?tion ,Nf Rt U_ �(1 1 DO N Nantucket Zoning Code and are ORDERED this date, 07/01/2013, to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of §139-20.1B(1): construction of secondary driveway access onto Violation Orange St. without the required special permit issued by the Planning Board. 2. COMMENCE, within five (5) days, action to abate this violation permanently. Summary of Action Receive the required special permit allowing the secondary access to Abate onto Orange St. or permanently close off said access to vehicular use. Zoning violations may result in fines of up to $300 per day, as allowed in §139-25 of the Zoning. Code. If you are aggrieved by this notice and order, you may show cause as to why you should not be required to comply by filing an appeal with the Nantucket Zoning Board of Appeals, as specified in § 139-31 of the Zoning Code, within thirty (30) days of this order. By de , M c s Silverstein Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road . Nantucket, NIA 02554 . 508 -325 -PLUS ( 7587) Telephone . 508-228-7298 Facsimile Town of Nantucket Department of Public Works Application for Curb Cut/Driveway Access Permit Date: 7- 110-,2W3 Property Owner:(��� i,' Z�, Tel.: 3-0 F:� "-2 2 3�3v9D Address: On -Island Agent: 4,:2_ 451 Tel.: Z2 Z^30�-�r Address: .-S Location of Proposed Work: ,( -5 , S Map & Parcel: Proposed Improvements: e, -"p Plot plan showing proposed improvements must be attached. Site must be marked prior to inspection. No permit will be issued unless complete plans showing driveway location and drainage control are attached. If curb cut will eliminate a legal parking space, approval from the Board of Selectman is required. Parking Space Eliminated: A B.O.S. Approved: All proposed work must comply with Chapter 139 (Zoning Bylaw), Section 139-20.1, Curb Cut and Driveway Access, of the Code of the Town of Nantucket. Drainage improvements associated with the installation of the driveway on the subject property are the sole responsibility of the property owner. This permit will be subject to the following conditions. All conditions must be met before certificate of occupancy is issued. 1. Any required pipe and/or appurtenances shall be installed at the owner's expense. 2. Stormwater run-off shall be prevented from discharging onto the public right-of-way. 3. Where applicable, an apron shall be installed by the property owner as per Ch. 139-20.1 B(2)(d). 4. Any granite or stone curbing removed shall be returned to the Department of Public Works garage.�Ie_ 5. Additional Conditions if any): -BoL dry ve-c a C. If, � f� 1 Ot -S (P a- r tt,, v-,( t- j,� L�J ra v, -e— G� 12) r ('v x- L_n� I K 3 -0�_ � 14 r('o r 4-0 L (-7. Cr -e x_\c-7b rivi r.cdwi-eS Issue Applicant Signature. ,. Date: (e Expiration Approved by DPW: Date: -71((,4 11 `� -••a "n 7oJZu -'b 3�nrda0 Print Summary Parcel Value Item Buildings Xtra Bldg Features Outbuildings Land Total: Owner of Record BAMBER RONALD K PO BOX 26 NANTUCKET, MA 02554 Ownership History Owner Name BAMBER RONALD K Land Use Land Use Code 3400 Land Line Valuation Size 0.27 AC Construction Detail Building # 1 STYLE Commercial Stories: 1 Roof Structure Gable/Hip Interior Floor 1 Carpet AC Type None Total Baths 2 Frame Type WOOD FRAME Rooms/Prtns LIGHT Building Valuation Living Area: 560 square feet Building Value: 86,700 MBLU : 55//170/// Location: 159 ORANGE ST Owner Name: BAMBER RONALD K Account Number: 0055-170 Assessed Value 86,700 0 0 641,000 727,700 Land Use Description OFFICE BLD M94 Zone RC2M Page 1 of 2 Powered by Vision Government Solutions, Inc. Book/Page Sale Date Sale Price 00200/041 4/1/1983 0 MODEL Commercial Occupancy 1 Roof Cover Asph/F GIs/Cmp Heating Fuel Electric Use: OFFICE BLD M94 1st Floor Use: 3400 Baths/Plumbing AVERAGE Wall Height 8 Year Built: 1984 Assessed Value 641,000 Grade Average Exterior Wall 1 Wood Shingle Interior Wall 1 Drywall/Sheet Heating Type Electr Basebrd Total Bedrms 00 Heat/AC NONE Ceiling/Wall CEIL & WALLS Comn Wall 0 Depreciation: 14%n http://data.visionappraisal.com/NantucketMAJprint.asp?pid=3360 7/9/2013 Print Summary Extra Features Code Description Units No Extra Building Features Outbuildings Code Description Units No Outbuildings Building Sketch Subarea Summary Code Description BAS First Floor STP Stoop Gross Area Living Area 560 560 77 0 Page 2 of 2 http://data.visionappraisal.com/NantucketMA/print.asp?pid=3360 7/9/2013 Town and County of Nantucket July 16, 2013 W. All gigl T r ._ .'<• /� -. ��� �}�-.`a�'a'e.r�'ai� �s"%c -8 =s ``�s:� ,�1='i' _ aF .�c+:-� 1-'' t _�."'# ak _ T e c d > T S �C may.` -v _. • .[; yyTT�� 'sF1+` i[ ,a _ j- 'Jlc'�i� d "i c 11 X4 _� -� _ ate, . �- ��3 .�.�% /�„ ��` „-s_ ' ,- r r•" �# F ®9.�+Arm N -"74' ��_ r 1. 16 ft Property Information �,,•- Property ID 55 61.1-��,4uT�K�f Location 158 ORANGE ST Owner NANTUCKET ISLANDS LAND BA �9'OOiii;:EO i r MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT , The Town makes no claims and no warranties, /dt.OPG' rfY _ expressed or implied, concerning the validity or LOG �/ O� ✓ /s� ,y qe <<j! accuracy of the GIS data presented on this map. Parcels updated December, 2012 Town and County of Nantucket July 'I b, ZU16 "'�� ✓r ' 'l' 1��.. 7 ®��✓iy�^' �j<f� 4 Y= 2 �4 mix 9 l 11rY"Sr',F a'< �91�� � ;��# fi� `4a `R� .�; S- — • � r,5, �"r' .g �.� �rt,.�- t 0 f. ul i r 4s (- gry Sla. / - � �/ A ♦ . _ i.<� - ty. •' yi s - - .: rte.. # -^`" - _ �y . —1AA� lb mix Uhf qL Ap Na z r . 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