HomeMy WebLinkAbout053-94 Appeal 159 Orange St_Zjae PCZ
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MA 02554
APPLICATION
Fee: $300.00
Owner's name(s): Ronald K. Bamber
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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
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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
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Property ID 55 61.1-��,4uT�K�f
Location 158 ORANGE ST
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Location 158 ORANGE ST
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