The URL can be used to link to this page

Home My WebLink About049-10 Bessey, J. D. & LauraSEE ATTACHED NOTICE OF APPEAL TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. --~ ~ .~.- -- ~D ~~ -- ~~ ~ . 0 a 0 Owner's name(s):Laura Bessey and J. D. Bessey Mailing address: l4 Field Ave Phone Number:207 462-6047 E-Mail: Applicant's name(s): ~ /~/VI C Mailing Address: Phone Number: E-Mail: Locus Address: 17 Gray Ave Assessor's Map/Parce1:67/327 Land Court Plan/Plan Book & Page/Plan File No.:Lot 72 Land Court Plan 34507-N Deed Reference/Certificate of Title:22619 Zoning DistrictR-10 Uses on Lot- Commercial: Nonex Yes (describe) Residential: Number of dwclling~~ Duplex x Apartments Date of Structure(s): all pre-date 7/72 or 2001 Building Permit Numbers: 378-00 Previous Zoning Board Application Numbers: 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile State below or attach a separate'a9ddendum of specific special pe 'ts or variance relief applying for: Sew l~~~U~ ~~~ 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: Owner* SIGNATURE: ~ Applicant/Attorney/Agent* *If an Agent is representuig 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:JJ_ Building Dept.:~~_ By: Fee deposited with Town Treasurer•.J~_ By: Waiver requested: Granted:-/ / Hearing notice posted with Town Clerk:J~ Mailed:-/ / I&M_J / &_/ / Hearing(s) held on:_/ / Opened on :_/ / Continued to:_/ / Withdrawn: ~ / j_ Decision Due By:_/ / Made _/ /_ Filed w/Town Clerk•_/ / Mailed:-/ / 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile Addendum This Application is an Appeal of a June 30, 2010 fmding by the Nantucket Zoning Enforcement Officer, hereinafter the "ZEO", that commercial activities that are occurring on at 17 Grey Avenue, Nantucket, hereinafter "the locus" in violation of the Nantucket Zoning Code, an appeal of the fine and Notice to Cease and Desist issued, as well as a concomitant request for relief, in the alternative and to the extent necessary, a determination by the Nantucket Zoning Board of Appeals, hereinafter the "ZBA" as to whether a customary home occupation permit for an office is necessary, such permit to be applied for from the Building Department. The ZEO made a finding that the garage structure is being used commercially in a zone that allows only residential use and that improvements were made to the garage structure without the benefit of a Building Permit. The Applicant denies the finding that the garage structure is being used commercially and herein Appeals that finding to the ZBA. The Applicant has applied for the necessary relief from the Building Department in order to validate the minor work done to the interior of the garage structure. The locus, 17 Gray Avenue, is located in a Residential-10 Zoning District and is owned by the Laura Bessey and J. D. Bessey, hereinafter referred to as "the Applicants". A duplex that is not the subject of this matter is also located on the locus. It is necessary to note that tenants reside in the duplex and that there is a normal amount of customary activity due to the normal residency of the duplex. For example, the tenants have cars that come and go as the tenants need. The Applicants predecessors in title, Karen L. Gibbs and Thomas R. Larrabee, applied for, and received, Building Permit 378-00, on the 13'" of April, 2000. This Building Permit allowed for the construction of a 2,128 square foot, three bay, one story garage as an accessory to the existing duplex. Construction was completed on Jure 15, 2001 when a Certificate of Occupancy was issued for the construction, 378-01. The Applicants' predecessors in title constructed the garage according to the plans submitted to the Building Department, and according to the Building Permit issued for the work, 378-00, with the exception that interior walls were added dividing the garage structure into three bays and a hallway. There is not, and never has been any residential use of the structure. When the Applicants took title on June 6, 2007, the interior walls of the garage were already constructed. Applicants had no idea, and no notice that the walls had been installed without the necessary Building Permit. The Applicants are now in the process of cleaning up the problem of the unpermitted construction by applying for a building permit that would allow the garage bays to exist as constructed. Please see the attached materials. Three years prior to when the Applicants took title to the locus, on October 4, 2004, an abutter William H. Reith of 20 Grey Avenue, made a complaint to the ZEO that the garage bays were being used commercially. The complaint iterated that 4 or 5 vehicles had come and gone from the garage structure and that the complaintant felt that the property was, therefore, being used commercially. Upon information and belief, the predecessors in title were, in fact, running a business from the garage bays; to wit, a limosene service, and also, as we understand, there may have been, at one time, a millworks shop operating from one of the bays. There was also the complaint that a container from a container truck was being kept on the premises and being used in conjunction with the commercial uses occurring on the property. Currently, and for the immediate past, there are no commercial uses occurring on the locus, nor are there any containers, storage boxes or container trucks located on the property. The three garage bays are used by the Applicants, or their tenants. A gym is located in one bay. This gym is used only by the Applicant and is in no way open to the public or used by the public for money. The Applicants have an unofficial office located in the second garage bay. This bay is used to do office tasks and organize paperwork. This office is not open to the public and public does not use this office space. This use is a customary home occupation at the most, as allowed by Nantucket Zoning Code section section 139-2, and at the least, it is simply a space where the Applicants have paperwork that they want to remain undisturbed by children, home life, etc. The third garage bay is used for storage of regular household items found in any house on Nantucket. There is absolutely no commercial use of this space as a millwork shop, so called, or for any other carpentry or contractor type use. Again, the use of this bay is ancillary in nature to the residential use of the duplex on the same locus and is very typical of any regular homeowner. It is interesting also to note the results from the so called "stake out" of the premises. Please see the attached "stakeout reports" attached hereto. These stake outs, sponsored with Town resources, noted one day that three cars arrived and the two other days that four cars arrived. The reports also state that items were removed from a garage bay. This occurred at the height of the summer in 2007. These reports do in a fact establish that, given the number of residents in the duplex, not much was happening on the locus, and certainly, there was no significant commercial activity. Moreover, as was stated, the bays currently have no commercial use. We invite the Board members to do an inspection of the premises and we believe the lack of a commercial use will become even more apparent. It is for these reasons that the Applicants are appealing the ZEO's decision as to the nature of the use being made of the locus, and the Applicants respectfully request that the ZBA make a finding of no commercial use, no violations and that the Cease and Desist Order be rescinded as well as the fines retracted. Appointment of Counsel for Representation to the ZBA We, Laura Bessey and J.D. Bessey, herein and hereby, appoint Attorney Peter D. Kyburg as our legal representative for the purposes of prosecuting our appeal of the Zoning Enforcement Officer's Decision to the Nantucket Zoning Board of Appeals. r i Laura Bessey / ~~ J.D. Bessey Date: ~ ~~.7 /~ Date: ~~~~ /~ Stake ou 7:30am 7:32am 7:33am 7:34am 7:35am t report of 17 Gray Avenue, August 9, 2007 white, Mitsubishi Fuso work truck arrives; opens Bay 3 (third bay from right) black pick-up truck arrives black Cherokee and green pick-up truck arrives Myles Reis garbage truck arrives for garbage pick-up black 4x4 extended cab arrives 7:38am Reis truck leaves 7:42am black 4x4 and black pick-up leave 7:43am black Cherokee leaves 7:44am Fuso and green pick-up leave 7:47am tenant of 17 Gray Ave. loads car 7:48am tenant of 17 Gray Ave. leaves in car 7:51 am no activity 7:57am no activity 8:03am no activity; surveillance co t \ .fib ~ `6 Stake-out report of 17 Gray Avenue, August 23, 2007 7:27am green pick-up arrives Noted on-site: two white work trailers (big and small); one red van 7:31 am black Cherokee arrives 7:34am .Bay 3 in use; black pick-up arrives 7:36am black 4x4 arrives 7:37am Reis trash hauler arrives 7:39am black pick-up leaves- has "Cranberry Construction" logo; Reis trash hauler leaves 7:47am red pick-up arrives, beeps horn; tenant gets in; truck departs 7:48am green pick-up leaves 7:49am black 4x4 leaves; red SUV w/ NY plates leaves 8:02am no activity; enter site 8:03am black Cherokee is parked; no remaining signs of AHB Construction; big trailer has Maine plates (A689629), no other markings, work ladders on roof; small trailer, no mar ' no plates; red van no markings 8:06am surveillance complete .` ~~ • Stake o 7:30am 7:32am 7:33am 7:34am 7:35am ut report of 17 Gray Avenue, August 9, 2007 white, Mitsubishi Fuso work truck arrives; opens Bay 3 (third bay from right) black pick-up truck arrives black Cherokee and green pick-up truck arrives Myles Reis garbage truck arrives for garbage pick-up black 4x4 extended cab arrives 7:38am Reis truck leaves 7:42am black 4x4 and black pick-up leave 7:43am black Cherokee leaves 7:44am Fuso and green pick-up leave 7:47am tenant of 17 Gray Ave. loads car 7:48am tenant of 17 Gray Ave. leaves in car 7:51 am no activity 7:57am no activity 8:03am no activity; surveillance co t \ ~ ~ tib \ ~,D Town of Nantucket Zoning Board of Appeals 9OAl~ ~~RS JUL 2 6 2010 TG~.~N OF N44ClT'1't!(~, LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: 3 PROPERTY OWNER...... L~.~!l ...... :.....Y .............................../ MAILING ADDRESS..........y ..................... .................................... ... ................................ ATION... ~.. `.... ~.~U .... PROPERTY LOC Y ASSESSOR MAP/PARCEL........ ~. ~ .3~.~......... ................... SUBMITTED BY.. ~i~~.~.... ~:... l~ ~~ . ~~ ~............ 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). ~~~b~v DATE SSESSOR'S OFFICE , TOWN OF NANTUCKET a. IDENTIFICATION - To be completed by all applicants ~ Name Mailing address -Number, street, city and state Zip Code Telephone t~Ec. ~ 1. ?~ . r~~, ~~ Owner or Lessee 2 Print Name ~~ ~~/~~~ ~ ~~j_ (l~,ca~- ~ ~ ~~ 1 Builder's License !~~ Contractor igna ,: Date Contact Person Date Works Compensation Insura a Certificate or Affidavit must be submitted with this application. I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of a plicant Address f ~ / Telephone # Print name DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD -For Office Use Plans Review Required HISTORIC DISTRICTS COMMISSION SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) ROAD OPENING PERMIT (DPW) ~` PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONLY Building ~ " ~' Permit Issued '' Use Group • ~ _' Occupancy Load ~;, .: Building- ~ Census No. Permit Fee " Approved by: Date of Issuance of Certificate of Occupancy Building Commissioner ~ _ ~'` O r. 0 r ^^ 1"1.! r r W -.7 O r W r 0 ti m m r ~ ~ 5~a _® ~1 C7 m. :~ ~ n j (n ~~~p ~c ~? ~1 °N A A' 1 ~~07 m a rt D~~ ~ G om~ o °~ ~~°v ~ T ~ "~ ~ ~ C ~~ ~ ~ s 'O ~ C7 ~ :.. ~ ~ ~~ w J O ~ ~ N 9~ W ZONING CLASSIFICATION: :Q. - I Q . odsnNG: --- MIN. AREa .. _1o;ooO S.t" /7,/?z ±s,F. MIN. FRONTAGE: .. 75 ~'T. S~'~-'; ~~;AN FRONT YARD S.B.: . .. . . ~ zq ter, ..." ...:. . REAR do SIDE S.B.:. .. ~ F7' .:.. 11 /~ GROUND COVER (7G): . . . . ~ ~ .'~° . . ~' .. . ': . ./ \I - G~-32G ~' ' . I~~F /Y,0.~CTUCK~T Co/~MUkIT'Y SLRVI GC S ~ __ ~s . ~ ~ -_ 1 srY -- ~ L~ - 3z~°, ~ ~\ c~ - _ ,L 0 T 1 ~~ O °-~,. rt 57~ P5 -'Q$q ~~ r A ~~ ~ ~ of , - ~~ _ \~~ .: ~ ., - ti ~ ~ ~ ~ ~~ %o~.< , ~ ~ - 3z7 (Pa Rr,) Pan~o~ R oS~ R~a~rY TR uST ~~ X07" z --' ~, i s~ ~ ~ CERTIFY. AS` O~ `~" `: ~', `~ - zoc~ THE BUILDING(S) , I~'%ARE L(5, ~ ON THE ~T BUILDING LOCATION PLAN GROUND ASi, Sk~01111N F~EREbM~ /.~ OF LAND IN NANTUCKET, MASS. PROFES~I~NAL..,LAND SURVEYOR SCALE:. 1"~ 30~ DATE: l`2AY 31, ~,oo( TH1S PLOT PLAN WAS PREPARED FOR THE TOWN PoN DAR o S /~ R~,~.~.T Y ~'fL us T Owner ' OF NANTUCKET BUlLD1NG DEPARTMENT ONLY AND . ,[oT j SHOULD NOT BE CONSIDERID A PROPERTY UNE ' .Plan ,C . c, C. ~ti So 7-$ ~ g 746' Deed: c~Rr. tY. THIS PLAN SHOULD NOT BE USED TO SURV • • ' ESTABLISH PROPERTY CES, EDGES, OR ~ 19 CaR,4Y /.E~~/•~- CoA~T' ~ ANY ANCILLARY STRUCTURES ON THE PREMISES. : . Locus THE PROPERTY ONES SHOWN RELY ON CURRENT InC aC ASSOCIATES CHARLES W HART DEEDS AND PLANS OF RECORD. . , . . TH1S PLOT PLAN 1S NOT A CERTIFlCATION AS TO SANFORD BOAT BUII.DING TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. 49 SPARKS AVENUE OWNERS OF ADJOINING PROPERTIES ARE SHOWN 02554 MASS NANTUCKET ACCORDING TO CURRENT ASSESSOR RECORDS. , , ~Px ~T~ 3~ 7 R E ~ ~ • (508) 228-8910 H_ ~-7~,~' . PA C . . ASSESSOR MAP: : L NOT TO BE RECD n.\ ~nnc1 r.e~M nl n z H H H ~l H a~ N H a~a z ~ a a a s a~ a a a ~ a~ Q~Q~QQ, ~Q,~, ~ ~~~~ ~ ~~~Qa~~ ~~ a ro 5 5 5~ w w w w w w w w w w A w w H w U O O~ D O O D A~ A A A A~ ~ A W A A r' r• a° a~ a a~~ a u~i a u~i v~i v~i of a w a w w w ai N ai ti a H w ~~~~~a~~~~~~~~~8~888~~~~a~o8 M W W W W U' W V1 V1 U1 V1 C7 x C9 x x x N N y V1 a b l~ Of l0 OD r•1 N O b of N V' O l0 M OD N [~ N M O V' O 01 N t0 a I~ r ~-1 .-I aD O N Of N Of 01 01 a0 '•I [~ '•I [~ r r .i m m m .••i ,}." [~ V~ V~ V~ d' ~ '•I V '•I d' d' O 01 V~ M V V' V' V' V V' V V' O1 C~ ~ d' N OD N N N N N r N N N '•I N m N N N N O N N v1 N In N O (1 N N N N N M N r N N N V ~f1 L(1 In N N N N N N N M ul l!1 l(1 •.i N N N N N N N N N N r•I tD N O N N N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 r•1 O Oaa Oa O a O O O O N r O~ a O a O x H H H H H H H H a H H H H H H H H H H H H H ~~~~~H~~~~z~~~~~~~~~~~~~~~ N W N N bi Ci .~ .~~1Q ~i a ~a ~a ~ a a~ ~ ~ °~ U x ~ ~ ~ HW A ° °a H o~ ~ WW ~~..77 w o a~a w w a Wzza N a w w `~ rn OG ~o ~ M> a D~ 9 A H oG A P .•~ N N A A W a ~o C7 ~ a .~ a ~ a a ~ ~n w ~ ~ a y~~ ~.7aq W ~ ~ H i-+ U a A ~ N H N 'N rk'. D+ 'xi .~ a g F N H fA N~ a a L4 L4 N N O N x WA a M r M r•1 a N '•1 N M N 01 N Of oo t0 ~ ~ ~ a a rl ao aD [~ '•1 M a ~.~W7 H ai VI H a ~ a H a ~ a HH z ~ H m v ~ a ~ ~ ~ a W U '03 ~ U W W fL E ~H/! F A W aa W H ai w ~ ~ ~, a ~ ~ o a as a ~ aoc w ~ w o Ht ~ z ,~ ~ ~ ~ ~ i~ ~ z ~ Wa x z~ ur U~ G4 H w 0 ~i z ~a x t~7 a w w ~~ z a ~ ~a w ~a H~ ~n ~ A x a H a H vwi y w s4 A ~x ~ ai H v ~ ~ ~ ~ ~ y a z ~ ~ w ~ w H ~ ~ H ~ ~ H awa o H z H ~ ~ ~ ~ o ~i ~ ~ ~ h ~ Z ~ ~ ~ ~ a ~ y o H ~ H ~+ ~ ~ 3 ~ ~ ~ t9 rw+ y w w ~ ~ w ~, a y ~ ~ m a r~~,~ pgu pryH ~ w~j W WH ~ WF ~ ~ ~ ~ ~ a °Q~ w ~ ~i ;"r~yj7y' ~ M aq O ~i h a kr PG q f.4 '~ w H ~ PO E ,F, ~ Off"' A W O '3 ~ C7 .~ q ~ ] ~ rn ,~ ,~ ~ m 0 l~ ri rl N M V' N lO W Of O O r•1 N N 10 tp W 01 O N M M d' O1 M M 0 W m N O N m m W m Q1 01 01 01 N N N N N M M M V' V~ OD r•1 O ~ i•7 r1 r•I '•1 ei rl 'i .-I '•I r•1 r1 .i 'i 'i M M M M M M M M M M V~ U1 ~D ~ N a N r n n r r r ~+ r r r r r~ r r r n r r r r n n r r r r ~ ~o ~c io ~o ~o io ~o ~ io ~o ~o ~o ~o ~o ~o ~n io ~v ~v co ~o ~o ~o co ~o ~o ~ ---~ i BUILDING PERMIT NUMBER APPLICATION FOR - BUILDING PERMIT IMPORTANT -Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 1 • OWNERS NAME (print): ~ 1r~ ~%~~ LOCATION Last First Middle Initial _ BUILDII1IG No. street /~ Assessor's Map No. C.d ~ Assessor's P arcel No. ~~~ 2. TYPE AND COST OF BUILDING -All applicants complete Parts A-E A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS ^ New Building Private Dimensions of Structure ^ Addition ^ Public First Floor Area: f1~ Alteration Second Floor Area: ' ^ Repair, replacement C. COST Third Floor Area: ^ Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: ^ Moving ~~~~ ~yyyy~~ Full Cellar Area: E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. ^ One Family ^ Studio .~~j *~~ ~ ~~.,f ~/ il'%1. ~~v / ~7 ^ Two or more family -Enter ~~~G~~ ~-~-z ~ ~ number of units %~ ~/ ~ J~~L~¢ ~" ~,,-/ O Hotel, Motel, Dormitory eriter number of units ^ Second Dwelling ^ Garage O Pool Other -Specify 3. SELECTED CHARACTERISTICS OF BUILDING F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE Wood frame ^ Public No. of fireplaces Other -Specify ^ Private (septic tank, c.) ,. No. of Wood Stoves her: I. TYPE OF WATER PPLY G. PRINCIPLE TYPE OF HEATING ^ Public ^ Gas Electricity i ^ Private (well) L. RESIDENTIAL BUILDING ^ Oil ^ Heat Pump Number of Bedrooms J. SMOKE DETECTO ^ Other -Specify No of Detectors Number of Bathrooms . Full ~ Partial See Plan for Location TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: December 8, 2010 c~ ,~~ -'-~ T, 0 b 0 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: Owner/Applicant: 049-10 LAURA BESSEY AND J.D. BESSEY 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~o the Town Clerk so as to be received within such TWENTY (.2'~ da /~c~lole, Chairman cc: Town Clerk // Planning Board V 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. Assessor's 17 Gray Ave Residential DECISION: NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Map 67, Parcel 327 Lot 72, Land Court Plan 34507-N - 10 Certificate of Title No. 22619 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, September 9, 2010, at 1:00 P.M., at 2 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision on the appeal of LAURA BESSEY AND J.D. BESSEY, 14 Field Avenue, Nantucket, MA 02554, File No. 049-10: 2. Applicants are appealing the finding of the Zoning Enforcement Officer that commercial activities are being conducted on the locus. The Applicant contends that the garage structure is not being used commercially and is therefore requesting the finding and fine of the Zoning Enforcement Officer be overturned. In the alternative, and to the extent necessary, the Applicant is requesting a determination from the Board of Appeals that the activity conducted on the locus warrants a customary home occupation permit from the Building Department. The site is located at 17 Gray Avenue, is shown on Nantucket Tax Assessor's Map 67 as Parcel 327, is shown as Lot 72 on Land Court Plan 34507-N, and is registered as Certificate of Title No. 22619 in the Nantucket County Registry District of the Land Court. The property is zoned Residential - 10. 3. Our decision is based upon the application and accompanying materials, and 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. Abutters were present at the hearing to speak in opposition to the Appeal. 1 4. Attorney Peter Kyburg represented the Appellants. Attorney Kyburg explained to the Board that the Appellants are appealing the finding of the Zoning Enforcement Officer (ZEO) that commercial activities are occurring at 17 Grey Avenue. The Appellants are also appealing the fine and Notice to Cease and Desist issued, and to the extent necessary, requesting a determination by the Nantucket Zoning Board of Appeals as to whether a customary home occupation permit for an office is necessary (such permit can be applied for at the Building Department). The ZEO made the finding that the garage structure is being used commercially in a zone that allows only residential uses and that improvements were made to the garage structure without the benefit of a Building Permit. The Appellants deny the finding that the garage structure is being used commercially. Accordingly, the Appellants have applied for the necessary relief from the Building Department in order to validate the minor work done to the interior of the garage. Attorney Kyburg also stated that the Appellants contend that currently, and for the immediate past, there are no commercial uses occurring on the Locus, nor are there any containers, storage boxes or container trucks located on the property. The three garage bays are used by the Appellants and are in no way open to the public. The Appellants do have an unofficial office located in the second garage bay. This bay is used to do office tasks and organize paperwork. This office is not open to the public and the public does not use this office space. The Appellants contends that if anything, this is a customary home occupation as allowed under Section 139-2 of the code of the Town of Nantucket. At the hearing, Marcus Silverstein, the Zoning Enforcement Officer, defended his finding by informing the Board that one of the garage bays has been used as a commercial office - a use that is beyond the scope of a home occupation. Further, Mr. Silverstein noted that a home occupation use would not be permitted in this instance as the Applicants do not live at the Locus, 17 Gray Avenue; but, instead live at 14 Field Avenue. Also at the hearing, various abutters spoke against the appeal and noted that there had been significant commercial activity on the Locus. 5. Therefore, after a discussion with the Appellants, Counsel for the Appellants, and the Zoning Enforcement Officer, the Board finds that such a there is a commercial use on the Locus (a commercial office) and because the Appellants do not 2 live at the Locus, a home occupation permit would not be applicable. 6. Accordingly, a motion was made and duly seconded to overturn the order of the Zoning Enforcement Officer that commercial activities are taking place on the Locus. The vote was 0-5 in favor (Toole, O'Mara, Koseatac, Botticelli, and Poor opposed); therefore, the finding made by the Zoning Enforcement Officer is upheld. SIGNATURE PAGE TO FOLLOW 3 Dated: ~ 2010 k Poor COMMONWEALTH OF MASSACHUSETTS Nantucket, ss. 1~~, 2010 O,~this ~ day of ~, 2010, before me, the undersigned Notary Public, personally appeared ~~, who is personally known to me, and who is the person whose name is signed on a preceding or attached document, and who acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public: N C S Sa ~ . Mdid'`{ My commission expires:M4~ 77~ ~D l'3