Loading...
HomeMy WebLinkAbout32 Friendship Ln - Dragon, Appeal' .+ L. R AC K E M A N N Established 1886 SAWYER & BREWSTER PROFESSIONAL CORPORATION Daniel J.Bailey Ill (617)951 COUNSELLORS AT LAW -1107 dballey@rackemann.com August 6, 2013 4 VIA HAND DELIVERY Catherine Flanagan Stover, Town Clerk v Town of Nantucket —.4 16 Broad Street 7 Nantucket, MA 02554 CT) c) m Re: Notice of Appeal ° rn Notice of Zoning Code Violation/Order to Cease, Desist, and ate c' Charles and Susan Dragon 32 Friendship Lane, Nantucket, Massachusetts rev Lot 335 on Nantucket Assessor's Map 56 Dear Ms. Flanagan Stover: On behalf of Charles and Susan Dragon, we respectfully appeal the Notice of Zoning Code Violation and Order to Cease, Desist and Abate issued by the Zoning Enforcement Officer, Marcus Silverstein, on July 9, 2013. In support of this appeal, enclosed are the following: 1. A letter to the Zoning Board of Appeals dated August 6, 2013, explaining the reasons for this appeal (Tab 1); 2. An executed application to the Zoning Board of Appeals (Tab 2); 3. A locus plan from the Nantucket Tax Assessor's Map Book (Tab 3); 4. A surveyed plot plan (Tab 4); and 5. A list of abutters certified by the Nantucket Tax Assessor's Office, together with two separate sets of addressed mailing labels based on the certified list of abutters (Tab 5). Also enclosed please find a check for$300.00 payable to the Town of Nantucket. 160 Federal Street Boston,MA 02110-1700 TEL 617 542 2300 FAX 617 542 7437 www.rackemann.com R AC K E M A N N Catherine Flanagan Stover, Town Clerk SAWYER s BREWSTER August 6, 2013 COUwSEIOFS Ai ww Page 2 Thank you for your attention to this matter. Very truly yours, Daniel J. Bailey DJB/GIO:sg Enclosures: Tabs 1-5; check cc: Town of Nantucket Zoning Board of Appeals (by hand,with attachments) Marcus Silverstein, Zoning Enforcement Officer(by hand, with attachments) Charles and Susan Dragon(with attachments) 14130/1 A1034894.DOCX;I R AC K E M A N N Established 1886 SAWYER & BREWSTER PROFESSIONAL CORPORATION Daniel J.Bailey Ill (617)951-1107 COUNSELLORS AT LAW dballey@rackemann.com August 6, 2013 VIA HAND DELIVERY AND ELECTRONIC MAIL Zoning Board of Appeals Town of Nantucket 2 Fairgrounds Road Nantucket, MA 02554 Re: Notice of Appeal Notice of Zoning Code Violation/Order to Cease, Desist, and Abate Charles and Susan Dragon 32 Friendship Lane, Nantucket, Massachusetts Lot 335 on Nantucket Assessor's Map 56 Dear Sirs and Madams: We represent Charles and Susan Dragon, who reside on a 0.42-acre parcel of land with a street address of 32 Friendship Lane (the"Property"). On behalf of the Dragons, we appeal the Notice of Zoning Code Violation and Order to Cease, Desist and Abate issued by the Zoning Enforcement Officer, Marcus Silverstein, on July 9, 2013 (the"Enforcement Order"). A copy of the Enforcement Order is attached as Exhibit A. The Enforcement Order alleges that the Dragons use their residence as a Landscape Contractor Business, a use that is prohibited as a principal use in the R-20 zoning district in which the Property is located. For the reasons stated below, the Dragons believe that the Enforcement Order is misplaced. They ask respectfully that the Zoning Board of Appeals issue a decision overturning the Enforcement Order. Background The Dragons bought the Property on August 28, 1992. At the time, it was vacant, so they built the existing house. Mr. Dragon is a landscape contractor. Given the nature of his business, 160 Federal Street Boston,MA 02110-1700 TEL 617 542 2300 FAX 617 542 7437 www.rackemann.com i R AC K E M A N N Zoning Board of Appeals SAWYER &BREWSTER August 6,2013 COUNSELLORS AT LAw Page 2 he immediately began to use the house for office uses in connection with his business. Beginning in 1993,he also began to store trucks, lawn mowers, and other equipment used for his business at the Property. Last year,the Dragons voiced concerns to their neighbors at 30 Friendship Lane, Diane and Bruce Holdgate, about the large number of cats that lived at or frequented the Holdgate's residence. The cats would defecate on the Property, and nobody ever cleaned up the mess. Finally,on December 5, 2012,the Dragons complained to the Health Department to see if anything could be done. Nothing came of that complaint–except this matter. Sometime in 2013,the Holdgates complained to the Zoning Enforcement Officer that the Dragons were operating a business out of their home. After visiting the Dragons,the Zoning Enforcement Officer issued the Enforcement Order on July 9, 2013. The Enforcement Order asserts that the Dragons are violating § 139-7A of the Nantucket Zoning Code and ordered the Dragons to"[s]top all commercial use of, and remove all related materials, equipment, etc., from, the property." The residents who live in the Dragons' neighborhood own or work in a large number of contracting businesses, including carpentry, landscaping,trucking, excavating,plumbing,and appliance maintenance. There are three households in the landscape contracting business alone. It is common for these residents to make some incidental use of their residence for business purposes—e.g., parking trailers, storing equipment,meeting with employees and coworkers in order to transport people to worksites. Attached as Exhibit B are photographs of some of this activity. When Mr. Dragon brought up the fact that they were being singled out,the Zoning Enforcement Officer stated that the Dragons were the only residents who the Holdgates had complained about. As for the Dragons,their business activities are limited to the following. Mr. Dragon regularly parks a Ford F450 dump truck and a Ford F150 pickup truck at the Property. These vehicles are parked behind screening well toward the back of the Property. He leaves the Property at about 8:00 a.m. with the two trucks and does not return until about 4:00 p.m. His landscaping work is seasonal, from April until October. During the months of June and July, he employs three people in addition to himself and their daughter; during the month of October only one person is employed in addition to Mr. Dragon and his daughter. These additional employees do no work at the Property. The only time they come to the Property is when they bike or are dropped off Monday through Friday so that they can be driven to their worksite. They do not park cars at the Property. R AC KE M A N N Zoning Board of Appeals SAWYER S.BREWSTER August 6, 2013 COVHSFLLORS at LAA Page 3 The Dragons store some lawn mowers and other equipment in the garage,and a trailer outside. They do not store gravel, mulch,plants, or other landscaping material. In addition to the two Fords,they also a have a Toyota Tacoma and a Chevy Tahoe at the Property,but these are mainly for personal use. The sum total of their use,then, is to park some vehicles overnight, store some equipment in a garage, meet employees to drive them to work, and, of course, do some office work within the house itself. Grounds for Appeal We ask that the Board find that the Enforcement Order is misplaced for at least two reasons: (1)under the current Zoning Code,the primary use of the Property is not for Landscape Contracting, and the incidental use of the Property in connection with the Dragons' landscaping business is a permitted accessory use; and (2) even if the Dragon's use of the Property is not found to be a lawful accessory use under the current Zoning Code, it is protected as a lawfully nonconforming use. Put differently, it is grandfathered. These reasons are addressed in more detail below. A. The Incidental Use of the Property in Connection with the Dragons' Landscaping Business Is a Permitted Accessory Use. Section 139-2 of the Zoning Code defines accessory uses as"[s]eparate structures, buildings or uses which are subordinate and customarily incidental to a principal structure, building or use located on the same lot." Further, § 139-15 of the Zoning Code states, "In addition to the principal buildings, structures or uses permitted in a district,there shall be allowed in that district,as accessory uses, such activities as are subordinate and customarily incident to such permitted uses." The Dragons' principal use of their Property is as a single-family residence, which is allowed by right in the R-20 zoning district. It is clear from the description above that the limited amount of activity related to the Dragons' landscaping business is subordinate to the use of the Property as the Dragons' residence. On this point, the Zoning Enforcement Officer agrees. In correspondence postdating the Enforcement Order, Mr. Silverstein concurred that the Dragons commercial use of their property is"clearly ancillary to the overall residential use." A copy of this correspondence is attached as Exhibit C. It is also clear from the similar conduct by others in the neighborhood that this type of activity is customarily incidental to the residential use of lots,at least in this area of Nantucket if R AC K E M A N N Zoning Board of Appeals SAWYER s.BREWSTER August 6, 2013 o 5«oag.r Page 4 not elsewhere. The evidence of such conduct is found in Exhibit B and would become even more obvious to the Board or the Zoning Enforcement Officer were further inquiries made. Although Mr. Silverstein appears to have backed away from the Enforcement Order's characterization of the Dragons' use as the unlawful principal use of the Property for Landscape Contracting,he maintains that the use could only be authorized as a"home occupation" accessory use,and then only if the Dragons complied with the conditions for such use. See § 139-2 of the Zoning Code(definition of"home occupation"). This is not accurate. A"home occupation"is but one type of accessory use allowed; it does not trump or otherwise limit the general permission granted to landowners to conduct any use that is both subordinate and customarily incidental to their principal use. See § 139-15 of the Zoning Code. The Dragons' use meets these two requirements(the first of which—that it is subordinate—is not a point of contention). Accordingly,they are allowed to continue this use by right. B. The Incidental Use of the Property in Connection with the Dragons' Landscaping Business Is Grandfathered. Even if the Dragons' use of their Property in connection with their landscaping business were not allowed as an accessory use under§ 139-15 of the current Zoning Code, it would still be lawful as a pre-existing,nonconforming use that predates the current Zoning Code's more stringent regulation of similar uses as a"home occupations." See § 139-2 of the Zoning Code. The Dragons started using their Property in connection with their landscaping business in 1992. At the time, § 139 of the 1992 Zoning Code was exactly the same as it is now. It stated, "In addition to the principal buildings, structures or uses permitted in a district,there shall be allowed in that district,as accessory uses, such activities as are subordinate and customarily incident to such permitted uses." A copy of the relevant provisions of the 1992 Zoning Code is attached as Exhibit D. The 1992 Zoning Code also specifically allowed a"Customary Home Occupation" as an accessory use,which it defined as: (1) A business-related activity customarily conducted within a single-family dwelling by the occupant of the dwelling,or (2) A business-related accessory use conducted by the owner or lessee of a single-family dwelling. The accessory use may include the use of an accessory building for incidental RACKEMANN Zoning Board of Appeals SAWYER &BREWSTER August 6, 2013 COUw3EllOrt3 R ww Page 5 work and storage related to an off-premises trade or occupation, or (3) Professional Offices: (a) Professional offices shall include those of physicians,dentists, attorneys, architects,engineers, land surveyors and other recognized professions similar to the aforementioned. (b) The owner or lessee professional may engage one (1) employee who is not a member of the immediate family. Section 139-7(4)of the 1992 Zoning Code placed additional restrictions on a"customary home occupation." One such restriction was that the customary home occupation was"limited to the sale of commodities prepared,crafted or otherwise produced on the premises." Thus, in 1992 the only specifically recognized customary home occupations were professional offices and retail sale of homemade products. In 2001 and thereafter,the Town amended its Zoning Code to broaden the definition of "home occupation."1 A home occupation is no longer limited to professional offices and retail sale of homemade products. However, it continues to require that a landowner meet some of the I The Zoning Code now defines a"home occupation"as follows: An occupation,trade,profession,or business activity conducted as an accessory use wholly or partly within a dwelling unit or in one or more accessory structures. (1) Home occupations shall be subject to the following requirements: (a) The home occupation shall be conducted by occupants of a dwelling upon the lot,and not more than one additional worker who is not an occupant of a dwelling upon the lot. (b) There shall be no exterior storage of material or equipment,unless effectively screened by a wall,fence or densely planted vegetative buffer. (c) The gross floor area used in connection with the home occupation shall not exceed 800 square feet,not more than 200 square feet of which shall be used for retail sales. (d) The home occupation,as projected,shall not generate an average daily traffic generation during the months of June through September that exceeds 14 vehicle trips per day. (e) A use permit shall be obtained from the Building Commissioner for the home occupation. (f) There shall be no retail sales except of commodities prepared,crafted or otherwise produced upon the lot. RACKEMANN Zoning Board of Appeals SAWYER &BREWSTER August 6, 2013 COUNSELLORS AT LAW Page 6 requirements of the earlier Zoning Code's regulation of"customary home occupations"—such as requiring a use permit from the Building Commissioner. It also imposes new limitations—e.g., the use cannot generate more than 14 vehicle trips per day on average from June through September. The Town's regulation of home occupation-type uses has evolved. Prior to the new definition,however, accessory uses related to family-owned businesses like the Dragons' landscaping business were not regulated as customary home occupations and were not subject to the requirements of§§ 139-2 and 139-7(4)of the 1992 Zoning Code. To the extent that the Dragons' use would be regulated as a home occupation under the current Zoning Bylaw, it predates this regulation and is lawfully grandfathered by Subsection A of§139-33 of the Zoning Code. The use was allowed in 1992 as a general"accessory use"under § 139-15 of the 1992 Zoning Code rather than as a"customary home occupation"under § 139-7 of that Zoning Code. Therefore,the Dragons' home occupation use is grandfathered from the home occupation regulations and requirements imposed in 2001 and thereafter. They are allowed to continue their grandfathered use by right pursuant to § 139-33 of the Zoning Code. Conclusion As noted,the Zoning Enforcement Officer and the Dragons agree on one point: the Dragons use of their Property in connection with their landscaping business is subordinate to their primary residential use. Where they disagree is Mr. Silverstein's opinion that this use could only be allowed as a"home occupation"use under the current Zoning Code. By contrast,the Dragons maintain that their use is allowed for two reasons, either of which suffices on its own: (1) Under § 139-15 of the Zoning Code,the use is allowed because it is subordinate and customarily incident to permitted primary uses and is not regulated as a "home occupation"; and (2) Under§ 139-33 of the Zoning Code,the use is allowed as a lawfully pre-existing nonconforming use because,even if it otherwise would be regulated as a"home occupation"under the current Zoning Code, this regulation did not exist in 1992- 1993,when the Dragons began this use. For the above reasons,we ask that the Board overturn the Enforcement Order and issue a decision finding that the Dragons' use of their Property in connection with their landscaping business is allowed by right. RACKEMANN Zoning Board of Appeals SAWYER &BREWSTER August 6, 2013 COUNSELLORS AT LAW Page 7 By finding against the Dragons, the Board of Appeals would, in effect, be finding against the many residents who run contracting businesses on Nantucket and could put all of those businesses in jeopardy. Thank you for your consideration of this matter. Very truly yours, C's•-•"-*---0"; Daniel J. Bailey I DJB/GIO:sg Attachments: Exhibits A through D cc: Catherine Flanagan Stover, Town Clerk (by hand, with attachments) Marcus Silverstein, Zoning Enforcement Officer(by hand, with attachments) Charles and Susan Dragon (with attachments) 14130/1 A 1034839.DOCX;I I 1 _, ;k 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. Charles and Susan Dragon,and all persons having notice of this order: As owner/occupant of the premises/structures located at 32 Friendship Ln.(Map#56, Parcel#335),you are hereby notified that you are in violation of§139-7A(Use Chart) of the Nantucket Zoning Code and are ORDERED this date,07/09/2013,to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on,or at,the above mentioned premises. Summary of §139-7A:prohibited operation of landscape contractor business, Violation with related interior/exterior storage,within the Residential-20 zoning district. 2. COMMENCE,within five(5)days,action to abate this violation permanently. Summary of Action Stop alt commercial use of,and remove all related materials, to Abate equipment,etc., from,the property. 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 Appe. s,as specified in §139-31 of the Zoning Code,within thirty(30)days of this order. By : der, ok i 410 arcus - ,- em Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road . Nantucket, MA 02554 . 508-325-PLUS (7587) Telephone . 508-228-7298 Facsimile •-••:....... . ., A.,, -„f,-; • ,..,.' . . . • • . . ,.. • .... ..: ..,;;,,,,, . . WA) k,..r ; . .... .lr 4.. "tiii•• • Of C 1Cki69 • i . . itl'-:'-,-1%-. 1.-(LC frN 1 ' . ' i • _ . . . St%W . .. ..• 1 eA(*AIL • ..,.....,---,---., •■••■-- ---",: - ......----MI, `..... ....—.-1.— ..1.... 01.01.",..... ••••••••• ID.. SM. •1 .. 1 ."....,.x.i., , • , „ CPIXEL.,. . _ 1 . re1 _. .. ... I ..,.,.._,;,,..,..,.... . , .., ... ..‹..... . . _ _. . .• . , . . . . .... ., .. . . .. -. .,-...,. • .... . , . . . , , . . . . • .:... . . _ , . . . , . . ... , ,.„, .... ... .. ... .. . .k.... • ..._. ..,. . .,..„,.. TRE . • . . If' . I •... .I....4)A .. ... . . .... .....,iSIN7 . . . . „ ..r . 0 . 01110,.'....... '', ■ . . ,.. . ., '...s. ...”, . : . • ■. i ft .'• I 1 i. .. -....ate • ■1111111, a 13 ei+45i9 ? °+�.�tsZ" -)1'x\ 6 • e <9 9 fr-c'r 0L2 De c,44 pot) 1 wLeSYA bi•A r, 44 kj 1^n WC.Q (MAD 46e. f ref el)-3 WE& 10 Lj A4ZS A. cry P ' 1 ' IV 55 5** 11 a,vo f2AerN s kA.V.At 1 al; ■ .i r3"iN., 't' _ -- mss'' ii R .f.._� - . Ira 11. 1 •-., "j i t-IC4 4./0-Sly SI 'sill w.• • d • qshATCa 1c • etvA 3'- •Ir"j• ^ ' l` r Y . ■ a ' �tiY G r . i �- —� Alf ibI,br.. kQPaZ L .. 0 , 1' y .�- - `L t..).N V I 11 tAk 1 .) "V'"'t IS lAviivir6, \-,•`°(ft- nt..\ i 1 i\-' vot‘A .0,5) ov,rfs v - .- •--- , - , — t 0"" - ,,....... .. ..• „. . , c,4-v . - - . , 1 1 '.+.' ' . —,.... !•• I T(INLX--ofitif • tfil.- 0 ....... W flifibi. .. s, .. --....t....... .... — -%'.k.' 0 \17 F 11-mst 1 WO 5141r` Sh a vk 1 ,•he..1Ve, . . - . . ' - • .. . j API I-74 ,. 4;,-Y" •• ' 1 • -.,, :, , Pil\ fo 101-Xlk. 5 '1 -MS on, '') )lct 1 k 3 5 PPr"e- 5Vv-k- CIVIL. b 10,Ct‘.ocao . • ., 1 .. \ J Godfrey, Susan M. From: Marcus Silverstein <MSilverstein @nantucket-ma.gov> Sent: Tuesday,July 30, 2013 1:34 PM To: Bailey, Daniel J.III Cc: Steve Butler; Godfrey, Susan M. Subject: RE: Dragon - 32 Friendship Lane Dear Mr. Bailey, Thank you for your response to the "Notice of Zoning Violation and Order to Cease and Desist", dated July 9, 2013, on behalf of Mr. Charles Dragon, regarding the operation of Mr. Dragon's landscape contracting business from his residential property at 32 Friendship Ln. (Map#56, Parcel#335). Unfortunately, I am unable to honor your request to rescind the enforcement order but note that Mr. Dragon still has until August 8, 2013 in which to file his appeal to the Zoning Board of Appeals. In that regard,you should contact Leslie Snell, Zoning Administrator,for information on how to appeal. I will, however, address a couple points made in your letter of July 29, 2013. The fact the landscape contracting use of the property is subordinate to the use of the property as a residence is an important detail, but not the only important detail in determining whether Mr. Dragon can use his residential property as a base of operations for his landscape contracting business.Arguably of more importance is Mr. Dragon's critical failure to apply for and receive a "Use Permit",a requirement of the zoning bylaw since 1975 for what was then titled a "Customary Home Occupation",at any time since he is said to have begun said use of the property in 1992. Being Mr. Dragon has no Use Permit, any request submitted now will have to comply with the requirements of the current bylaw, particularly the requirement that"[t)he home occupation shall be conducted by occupants of a dwelling upon the lot,and not more than one additional worker who is not an occupant of a dwelling upon the lot" (§139-2 "Home Occupation" 1-a). As you see,the bylaw contemplates only the size of the business as it pertains to non-resident employees and not the presence of the employees on the property.Although,visits to the property by employees would factor into the "average daily traffic" (§139-2 "Home Occupation" 1-d) calculation. In fact, it was Mr. Dragon's own statement at the time I spoke with him, in which he stated he employs more than one non-resident worker,that determined Mr. Dragon is in violation of§139-7A of the zoning bylaw and not simply lacking the formal paperwork in the form of an issued Home Occupation Use Permit. Your argument portraying the landscape business as an "accessory use" is relevant if Mr. Dragon was eligible for a Home Occupation permit. However, a Home Occupation is a very specific type of accessory use and has restrictions not otherwise placed on other residential accessory uses,such as garages and barns.Although I concur that Mr. Dragon's commercial use of his property is clearly ancillary to the overall residential use, he does not meet all the requirements for the Home Occupation use of the property and is therefore in violation of the use provisions of the bylaw. As stated, Mr. Dragon still has time to file an appeal of the enforcement order with the Zoning Board of Appeals, as is his right. By my calculation, Mr. Dragon has until August 8, 2013 to file within the statutorily allowed thirty(30) days from the date of the notice,though I caution you to verify the time limit in case I have miscounted.While I cannot speak to how the appeal may be resolved, I do note that approval of non-compliant commercial use of residential property by some action of the Zoning Board of Appeals,while rare, is not without precedent. If Mr. Dragon chooses not to pursue his right of appeal by the conclusion of the appeal period, he is expected to comply with the enforcement order or face additional enforcement action. Respectfully, Marcus Silverstein 1 Zoning Enforcement Officer Town of Nantucket From: Godfrey, Susan M. [mailto:sgodfrey©rackemann.com] Sent: Monday, July 29, 2013 2:08 PM To: Marcus Silverstein Cc: Bailey, Daniel J. III Subject: Dragon - 32 Friendship Lane Good afternoon, Dan Bailey asked me to send you the attached information relative to a Notice of Zoning Code Violation/Order to Cease, Desist and Abate as issued to Charles and Susan Dragon. Please let me know if you need any additional information at this time. Thank you! ,S Ul/-GW1/ RACKEMANN SAWYER 6., BREWSTER COUNSELLOPS AT LAW Susan M. Godfrey Legal Secretary to Daniel J. Bailey, III, Esq., Richard J. Gallogly, Esq. and Michael W. Parker, Esq. Real Estate Department/Environmental &Land Use Group Rackemann, Sawyer& Brewster 160 Federal Street Boston, MA 02110-1700 T: 617-897-2277 F: 617-542-7437 sgodfreyt rackemann.coin www.rackemann.com For the latest on land use law, visit www.MassachusettsLandUseMonitor.com please consider the environment before printing this e moil Confidentiality Notice: This e-mail message,its contents, and any attachments are privileged and confidential information intended solely for the use of the intended addressee only If you are not the intended addressee, any dissemination,distribution,copying,or other use of this message,its contents,or any attachments is prohibited. If you have received this e-mail in error,please notify me immediately by reply e-mail,phone,or fax and delete the message. IRS Circular 230 Required Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service,we inform you that any tax advice included in this correspondence,or in any attachment(a)is not intended or written to be used,and cannot be used,for the purpose of avoiding any tax penalties that may be imposed upon any taxpayer;and(b)may not be used in promoting,marketing,or recommending any entity,investment plan or arrangement. Rackemann,Sawyer&Brewster,P.C.does not impose any limitation on your right to disclose the tax treatment or tax structure of any transaction. 2 i, , y ZONING • Chapter 139 THE CODE of the TOWN OF NANTUCKET 0 NANTUCKET COUNTY COMMONWEALTH OF MASSACHUSETTS 0 2 139- ZONING BYLAW 139- [HISTORY: Adopted 3-13-72 Annual Town Meeting Art. 12 and effective 7-27-72; codification adopted 4-3-84 Annual Town Meeting Art. 18 and approved 8-24-84; amended through 11- -90. Subsequent amendments noted where applicable.] GENERAL NANTUCKET CODE REFERENCES Wetlands regulations - See Ch. 136. Health regulations - See Ch. Parking regulations - See Ch. 103 CITATION This Chapter 139 shall be cited as the "Zoning Bylaw" SS 139- NANTUCKET CODE SS 139- ARTICLE I purpose and Definitions SS 139-1. Purpose. To promote the health, safety, convenience, morals and general welfare of its inhabitants, to lessen the danger from fire and congestion and to improve the town under the provisions of the State Zoning Act, Massachusetts General Laws, Chapter 4OA, the use, construction, repair, alteration and height of buildings and structures and ofe Nantucket are and herebysize shape of lots in the Town restricted and regulated as hereinafter provided. SS 139-2. Definitions and word usage. A. Definitions. In this zoning bylaw, Chapter 139 of the Nantucket Code, the following terms, unless a contrary meaning is required by the context or is specifically prescribed, shall have the following meanings: ACCESSORY USES - Separate structures, buildir_•:gs or uses _ which are subordinate and customarily incidental to a r ) principal structure, building or use located cn the same \_ lot. Accessory uses shall not be construed to include human building or structure used in whole or in part habitation. AFFORDABLE UNIT - Any rental dwelling unit :hose rent, excluding utilities, does not exceed thirty percent (30%) of the income of an eligible household; or any owner- occupied dwelling unit whose mortgage payment, including insurance and real estate taxes, does not exceed thirty percent (30%) of the income of an eligible household. AGRICULTURE - The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary uses for packing, treating and storing the produce. ALTERATION - Any change in size, shape or use of a building or structure. ANIM=L FEEDLOT - Land on which twenty-five (25) or more livestock per acre are kept for the purpose cf feeding. 1 (7\ 5 : • SS 139- NANTUCKET CODE SS 139- ( ) COMMERCIAL WECS - A WECS designed or operated to provide energy principally to consumers located off the premises and does not meet the requirements established for a residential WECS. CONSTRUCT - To build, erect or assemble. CONSTRUCTION - The act of constructing. CPI - The index now known as the "Consumer Price Index" for all urban consumers as established by the United States Department of Labor Bureau of Labor Statistics or if discontinued or modified, a comparable index established by said agency or its successor. CUSTOMARY HOME OCCUPATION: (1) A business-related activity customarily conducted within a single-family dwelling by the occupant of the dwelling, or (2) A business-related accessory use conducted by the owner or lessee of a single-family dwelling. The accessory use may include the use of an accessory building for incidental work and storage related to an off-premises trade or occupation, or (3) Professional offices: (a) Professional offices shall include those of physicians, dentists, attorneys, architects, engineers, land surveyors or other recognized professions similar to the aforementioned. (b) The owner or lessee professional may engage one (1) employee who is not a member of the immediate family. DAY-CARE CENTER - Any institution or place which receives for temporary custody, separate and apart from their parents, five (5) or more children not of common parentage, under seven (7) years of age, during part or all of the day, with or without stated educational purposes. DISPOSAL - Any discharge, deposit, injection, dumping, spilling, leaking or placing so that waste may enter ground or surface water. I fl 7 139- ZONING BYLAW 139- C. J) ARTICLE III Use and Intensity Regulations SS 139-6. General district regulations. A. No building or structure shall be constructed and no building, structure or land, or part thereof, used for any purpose or in any manner other than for one (1) or more of the uses hereinafter set forth as permitted in the district in which such building, structure or land is located, or set forth as permissible by special permit in said district and so authorized. B. All uses which are exempted from zoning regulation by the State Zoning Act, M.G.L. c. 40A, SS 3, as amended, shall to the same, but to no greater, extent be exempted from this zoning bylaw. C. This Zoning Bylaw shall be interpreted and construed so as to be in conformity with applicable State legislation and specifically the State Zoning Act, M.G.L. c. 40A. SS 139-7 . All districts except special and overlay districts . (7) A. Permitted uses. (See Section 139-22 for island perimeter restrictions. ) (1) One single-family dwelling. (2) One detached building constituting a secondary dwelling shall be permitted under the following conditions: (a) The secondary dwelling shall be a single-family dwelling. (b) The secondary dwelling shall be sited at least twelve (12) feet to the rear, or to the front, of the principal dwelling, measured relative to their exterior foundation walls. (c) The total ground cover on a lot with both a principal dwelling and a secondary dwelling shall not exceed the ground cover ratio maximum stipulated in Section 139-16A below. * (d) The secondary dwelling shall comply with all other applicable Zoning Bylaw regulations. I (- to SS 139- NANTUCKET CODE SS 139- ( ') (e) The ground cover of the secondary dwelling shall be at least twenty percent (20%) less (or more) than the ground cover of the principal dwelling. (f) The secondary dwelling shall be in the same ownership as the principal dwelling. (g) A plot plan showing property lines and the location of existing and proposed structures, and the means of access to each, shall be submitted to the Planning Board for determining adequacy of access to such lot and structures and, if approved, shall be so endorsed prior to the issuance of a building permit. (h) A secondary dwelling shall be permitted over a detached garage under the conditions specified above in Subsections (a) through (g) . (3) A secondary dwelling attached to a principal dwelling shall be permitted only over a garage which is attached to the principal dwelling by a breezeway and only if the secondary dwelling also meets the conditions specified above in Subsections A(2) (a) and (c) through (g) . 0 (4) Customary home occupation. The activity: (a) Shall be incidental and secondary to the use of the premises for dwelling purposes; and (b) Shall be engaged in only by the owner or lessee of the premises; and (c) Shall be free of offensive noise, vibration, smoke, dust, odors, heat, glare or unsightliness; and (d) Shall preclude exterior storage material or equipment, unless screened by a wall, fence or densely planted vegetation; and (e) Shall preclude the parking of more than one (1) com- mercial vehicle on the lot; and (I-) 19 139- ZONING BYLAW 139- (f) Shall be limited to the sale of commodities prepared, crafted or otherwise produced on the premises. Retail sales incidental to the home occupation may be permitted by issuance of a special permit by the Board of Appeals. Retail sales, if approved, shall be limited to an area of one hundred (100) square feet or ten percent (10%) of the total ground cover, whichever is less. Product display and retail sales shall be conducted within the dwelling. No advertising signs shall be permitted on the premises; and (g) Shall require the issuance of a use permit by the Building Inspector. • (5) Preservation of a lot in its natural condition, such as fields, pastures and woodlots; also orchards, nurseries, truck gardens and farms (but not including piggeries or farms operated in substantial part for disposal of garbage, sewage offal or renderings) ; greenhouses for private use; keeping of pets and farm animals for personal use; care and propagation of fish and shellfish; and all other agricultural uses allowed by c. 590 of the Acts of 1989 effective 3-8-90 . (6) Cemeteries. (7) Municipal airports. (8) Such framework and tents as are customarily used exclusively for outdoor carnivals, lawn parties or like activities, for periods not exceeding thirty (30) days per year. 20 s Imirmill 139- ZONING BYLAW 139- \„ ,J artments) upon conversion (2) Multifamily residential use (ap of the original Our Island Home, including ancillary services and facilities customarily associated therewith. (3) Services and facilities for the benefit of the elderly or senior citizens, nursing-home residents, handicapped persons and others for whom social-welfare programs may I . be provided. SS 139-15 . Accessory uses. In addition to the principal buiildings, structures or uses permitted in a district, there shall be allowed in that district, as accessory uses, such activities as are subordinate and customarily incident to such permitted uses. 0 ) 44 I e. Atv TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. Owner's name(s): Charles A. and Susan S. Dragon Mailing address: 32 Friendship Lane.Nantucket.MA 02554 Phone Number: 508-228-3640 E-Mail: cdragon n,comcast.net Applicant's name(s): same as above Mailing Address: same as above Phone Number: same as above E-Mail: same as above Locus Address: 32 Friendship Lane.Nantucket.MA Assessor's Map/Parcel: 56/335 Land Court Plan/Plan Book&Page/Plan File No.: Deed Reference/Certificate of Title: Book 15.Page 432 Zoning District R-20 Uses on Lot- Commercial: None eih(describe), See separate letter Residential: Number of dwellings 1 Duplex Apartments Date of Structure(s): all pre-date 7/72 or 1992 Building Permit Numbers: Previous Zoning Board Application Numbers:, None 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228- 7215 telephone 508- 228- 7298 facsimile or. _dirme■Nft, State below or attach a separate addendum of specific special permits or variance relief applying for: This is an appeal of a Zoning Enforcement Order. No special permit or variance relief is sought at this time. See separate letter for grounds for appeal. 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: (..‘AN:t.4)101, Owner* SIGNATURE: ,@ kp licant/Attorne /A ent* *If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency. 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 Town and County of Nantucket August 1, 2013 so 60 I I J J . i I 1 "" °56 334: 1 6 338"-x- • - e . y t �' 4t �. tt 5635 k; — "� 355— s*169,3 ' 56 1 t �» 58 5 ill ,'$13r 69.4 r 1 .8 .'. ti i- _ :Si?` ` 't 6332 1 j ;: -■ 56 '--.._ .i- :__. .. 5fi 353 r 56169.2 , � _ � r� 3b ' PE 56169.1 I, k-- ,-. ` +1 . y 565 ` 9&352`-_ 58.33 r I� . - 6 I _r +, • J I al , i. :.56:35 56 350 30 56110 f 56 107 Q 2g 2g 15 .-ni 562 ._� 4 la I m .., i 1 g6 34 56 349 58186 -- 2r o f �g 56338 i i 27 37 ii) � , f '� , i� ., . 56 348 --•-�' "`� 56108 i 25 \\56348 __5s348 56110 - -- - 5&io8 -- �` 5 58 340 56 339 �. ' 2g 23_56109 1.7.,.,--;:l 3 $6 347 t5� i 347 . ''V /1/...- 56 34 62348 ,• 3l1 _f'/58 0 - .,::::>?:::::::, S 2 - 4 ..--. .t.:-..4... _ "- f `' 58 342 --�;,, y t fi345 1 Z .. - set" .' 56 357 '� I 18 19 ,r, 1" 164+ :''�. 2 ` .. 1 1 Property Information = 4. Property ID 56 335 �,} • y 'fat'.:. - - ::: ::: Location 32 FRIENDSHIP LN ..q:,. /�{ _ �_:•"�'�� �.'� : .:. ,` n . y 4 Owner DRAGON CHARLES A&SUSAN '-; MAP FOR REFERENCE ONLY • := ;;:_ ,=: ,; :' � ;; NOT A LEGAL DOCUMENT � `' ` :. . : ,°` ': .�.a The Town makes no claims and no warranties, : `; �' • + expressed or implied,concerning the validity or •. t ' accuracy of the GIS data presented on this map. .:'::::.:1: ' '4.44.4,4,1,- Parcels updated December,2012 -+ ::` :-` ^'. °.L" `,_.. 0 r z O Q • W 0 j Ix 1 1 1— W Z a I Z Q Z W 0~ ZZ 0 x W ao Ce JO0J QM OM N v7i vo a co Ma°o L N W O N YN 0 LO pNMpp N z I_- CO 0_Y W CO i=-� J p p 11 CO Q M a ZI Z O4 O Q <Lc)OZ 0 �� U Y �� sO z �k.Zi O �� a a I - (n U NOmmQ`� Q 05 Nzv) W o U JJ� a� aao }a x O DD }}Z F Z MMZw D ZZ�� Cp O N M M Li d'(n 0 FRIE�0 R 50� 00 -w, W W J 1, ■ 0 J 11 7 11', M a a ,, o 0 , a , pJ o Ln W r 1 Z 1<".NC) a, O 0 i . 11,N _Iama r W a a M M 13. J ' LO 1 �t 13 Wj a lo IC NI N o+1 u- r r �U o •. 0Ni Op0 to 0 Cl_D' N, UL p ! Ul aQ N3 M0_ Z_115.2 vai. 0 L 1L Y N U 0 Q N a J a W 0 C 1 V Q U \ Q O 0 W 9-L6£S£ '0'01 %, . 10.9 Z,I�,�ce7� vi (,';.: .' :Akg(s..4, sl ` �.. -13. >,. ..�� ,.---_,O 1 •N3W3Sd3 301M ,OZ ,``,���,� O N } rI ? i 861S ,Z 3„6Z.£Z.-ON - --'--'— w wN U W O OV0a 13Sa31NOS __ I ■ 56 56 56 TROTT CLIFFORD D SR&DOROTHY NASTUS ANTHONY&MARTINEAU GERARDI MARK A&SUZANNE PO BOX 1091 36 FRIENDSHIP LN PO BOX 3316 NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02584 56 56 56 FLYNN ELAINE E MARSH GREGORY H&KAREN L HIGGINS SEAN 35 SOMERSET ROAD 34 FRIENDSHIP LANE 27 FRIENDSHIP LANE NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 56 RAPHAEL JOHN C HOLDGATE BRUCE D&DIANE WB HUFFMAN RONNY 0&ROBBIN L PO BOX 2471 30 FRIENDSHIP LN 615 KIMBERLY LANE NANTUCKET,MA 02584 NANTUCKET,MA 02554 JACKSONVILLE,NC 28546 56 56 56 CROWELL JOIN&PENSELL MERRILY ZSCHAU PETER B&MELANIE Y ROGERS KEVIN M&VALERIE H 3 MARSH HAWK LN PO BOX 93 P 0 BOX 2961 NANTUCKET,MA 02554 MILLERS FALLS,MA 01349 NANTUCKET,MA 02584 56 56 56 OMARA JANICE L BAMBER SCOTT T MCMAHON SEAN all PO BOX 1866 PO BOX 2800 33 FRIENDSHIP LN NANTUCKET,MA 02554 NANTUCKET,MA 02584 NANTUCKET,MA 02554 56 56 CHRISTINE ANDERSON EDWARD B&GRE'TCHEN f 31 SOMERSET RD SMITH CHRISTE HOWELL LAU SUK KWAN&LUCY 34 EQUATOR DRIVE 35 FRIENDSHIP LN NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02584 56 56 56 BUTLER CHARLES S COWZER AISLNG L&WILLIAM S WILSON LESLIE R&DEBORAH L PO BOX 1243 32 EQUATOR DR 37 FRIENDSHIP LN NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 56 SAFFELL MARY&BOYCE PETER B STOJAK CHARLES E MANSFIELD KEITH A • CIO BOYCE PETER 30 EQUATOR DR 39 FRIENDSHIP LN 65 MEADOW VIEW DR NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 MELCHIONDA ANTON&CAROLINE CIARMATARO WILLIAM D&TRINA L 4 BALLARDVALE RD PO BOX 3352 ANDOVER,MA 01810 NANTUCKET,MA 02584 56 56 GRAY SETH&CLAIRE J SCHULTZ WILLIAM A ETAL 38 FRIENDSHIP LN 123 BLAKEMAN RD NANTUCKET,MA 02554 MADISON,CT 06443 56 56 56 TRO'CI'CLIFFORD D SR&DOROTHY NASTUS ANTHONY&MARTINEAU GERARDI MARK A&SUZANNE PO BOX 1091 36 FRIENDSHIP LN PO BOX 3316 NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02584 56 56 56 FLYNN ELAINE E MARSH GREGORY H&KAREN L HIGGINS SEAN 35 SOMERSET ROAD 34 FRIENDSHIP LANE 27 FRIENDSHIP LANE NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 56 RAPHAEL JOHN C HOLDGATE BRUCE D&DIANE WB HUFFMAN RONNY 0&ROBBIN L PO BOX 2471 30 FRIENDSHIP LN 615 KIMBERLY LANE NANTUCKET,MA 02584 NANTUCKET,MA 02554 JACKSONVILLE,NC 28546 56 56 56 CROWELL JOHN&PENSELL MERRILY ZSCHAU PETER B&MELANIE Y ROGERS KEVIN M&VALERIE H 3 MARSH HAWK LN PO BOX 93 P 0 BOX 2961 NANTUCKET,MA 02554 MILLERS FALLS,MA 01349 NANTUCKET,MA 02584 56 56 56 OMARA JANICE L BAMBER SCOTT T MCMAHON SEAN PO BOX 1866 PO BOX 2800 33 FRIENDSHIP LN NANTUCKET,MA 02554 NANTUCKET,MA 02584 NANTUCKET,MA 02554 4 56 56 56 ANDERSON EDWARD B&GRETCHEN F SMITH CHRISTINE HOWELL LAU SUK KWAN&LUCY 31 SOMERSET RD 34 EQUATOR DRIVE 35 FRIENDSHIP LN NANTUCKET,MA 02554 56 BUTLER CHARLES S NANTUCKET,MA 02554 NANTUCKET,MA 02584 56 COWZER AISLING L&WILLIAM S 56 WILSON LESLIE R&DEBORAH L PO BOX 1243 32 EQUATOR DR 37 FRIENDSHIP LN NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 56 SAFFELL MARY&BOYCE PETER B STOJAK CHARLES E MANSFIELD KEITH A C/O BOYCE PETER 30 EQUATOR DR 39 FRIENDSHIP LN ' 65 MEADOW VIEW DR NANTUCKET,MA 02554 NANTUCKET,MA 02554 NANTUCKET,MA 02554 56 56 MELCHIONDA ANION&CAROLINE CIARMATARO WILLIAM D&TRINA L 4 BALLARDVALE RD PO BOX 3352 ANDOVER,MA 01810 NANTUCKET,MA 02584 56 56 GRAY SETH&CLAIRE J SCHULTZ WILLIAM A ETAI, 38 FRIENDSHIP LN 123 BLAKEMAN RD NANTUCKET,MA 02554 MADISON,CT 06443 r • RECEIVED ' )() ' O BOARD OF ASSESSORS JUL 2 4 2013 Town of Nantucket TOWN OF NANTUCKET,MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY OWNER DA r L�/ � � ..r . . . . MAILING ADDRESS r PROPERTY LOCATION 3 ASSESSOR MAP/PARCEL s3 SUBMITTED BY SEE ATTACHED 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). • ���, �--3 i>.L_ . _ •. a20 D: ,E / • SSESSOR'S OFF E TOWN OF NANTUCKET wod G " '� Q 55555 555555555 ° �a w w a a a a a a a a a a a a a a a a a a a a PI Crl N E H F H F > > x x x x x Sq xq Q 00 Q Xq xq xq xq q x q x x x x W 'iti �1 22 a a a O O 2 z z z z z z E H E F z 2 z z 2 z z z z H tU 0 0 0 0 0(5, 22 ,...1r.4 ,..) ,=1 ,..) ,..) ,.) 0 Q Q 0 H H H H H H H H H WW WW Haa aH pHa, aH aHa Ha aH 4 4 4 �4 aa aa aa a a aa per�(, aa sa u 2 2 2 2 2 £ £ G. W C� W t� K W W W W W W Ga W Gr is W G, Al ID In r CO H CO If) O CO 1/40 V O CO V V N O CO r) u1 r O) e-i M t71 h al a m M rl in M M t0 l0 V rl M 01 01 N N CO 01 0) N N N N N in 0) CO 01 rl V V V V V V' V V 0 V V V V O) V V V V V 01 V V ID V V V V V )l to CO If) ul Ill N 1n rt If) ul If) Ill V CO In LO I!1 CO V CO Ill V CO <n CO 1n Ill a tf) in in (N to (N (N 1l) CO I!1 If) If) to el It) U1 II) N (N V N 1f7 If) Ill In In If) If) •.i N N N N N N N N 0 H N N N N 0 H N N N N N I.0 N N CO N N N N N N Oy 0 0 0 0 0 0 Og 0 0 0 0 0 0y 0 0 0 0 0 0 0 0 N 0 0 0 0 0 CO a 5 H.� E] EE.� WEW F H.] E. (H..� E..� E. E..� (FW. W WE E. FW�7 E. E UI HW H> E. UI E7 F.] E a Oq X z U U o U UU U U U pl7 o U U o a o u U u o o U U 04 o Z U o U U o >. EEp HEp 2p HpEFE W EEEH EE )` E D4 E p 2 22 21 2 z h z 1 U z Z z z z z z z z z z I N 0) co 0) u ,0 v 4 a 0 H .I (.9 2 0 n a 255 n z 0 H H H H H a a a Q Q Q > H H H H H F ,-i 3 E to , x x S x o E-4 a)a) 41 N 4 (0 w v > in C O U) Cn o a a a N n H m Qa) x U n m Cl) H a N F a 0 q 2 2 z O) N E E F t) M 2 W N q 2 q 2 H C 41 41 41 41 4 4 4 41 ,.. X41414141 co K X o X i H H H H x x z x x H H O H H H H• 000 b O In 0 O H O in x )0 V o 0 v N o N O r H 0 CO In N o) (4 U 4 a m a fn a m a )o V r1 co in in a cn M in Ow H Cu N L a rl M r1 rl W H H E.1 Z al Z u, a F z w 0) W u U O >+ g 0 00 0 o U U 4, 4) a X• H Z as CO 4 C4 U W H a N a a x a W P-1 CU...1 w H N a H w a0 41 a • W (A 0 b ,a �Fy 3x 0 o I> J 0 Q c) 2O ��.]7 ZZ asy U) W 7., H ,a Q ,a a W H IU W za a Z x x U a 1 4 x Q a W F E. a ' N '.7 Z a