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Home My WebLink About050-11 O'Banion, MarkTO~~l~T OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. ~ sb- ~ ~ Owner's name(s): Y • ~ ray`-_ C ~ •~ / /~ ~~-i Mailing address: s~- r1 'U)k ~ ~,t ,L ~ r'A ~'~ . ; Phone Number: S~U k- ~f U v - ~ ~'G ~ E-Mail: n1Ar-k 0 6 Ads: ew tn~/?'~"R7 • f!G ~'+ Applicant's name(s): Gd ~C L)'~lA-I~~`~Li Mailing Address: ~ ~ ~a f~_( d4'~+ G Phone Number: 3 ~- ~ ~~- 3 5~ C `' E-Mail: yHsr~ t l~~w: d ~.+ ~~ ~'4'~ • ~d~ Locus Address: ~-~f ~~~ Z- /'Wl/ Assessor's Map/Parcel: _ S Land Court Plan/Plan Book & Page/Plan File No.: ~(.~ /~~~ O '' ~ O Deed Reference/Certificate of Title: Zoning District ~- ~~ Uses on Lot- Commercial: None (describe) ~ ~ ~~ W ~~~C ~iSt,~ Residential: Number of dwellings Z..~ Duplex Apartments ~ ~- Date of Structure(s): all pre-date 7/72 or ~Oe [ -- ~pd~ Building Permit Numbers: ~ '>{ 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 addendum of specific special permits or variance relief applying for: W~olr S 14 ~ c. ~`: 5 ~. -~.~ 5 e W~ ~ ~Z, `f~'+~ W °b K ,~ ~e. .SCa ~1,~ 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: ~~Y~~ 1~-----~ Owner* SIGNATURE: %~~~ Applicant/Attorney/Agent* *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:J_/_ Building Dept.:~,_ By:_ j Fee deposited with Town Treasurer:-/_/_ By:_ Waiver requested: Granted:/_/_ Hearing notice posted with Town Clerk:-/J_ Mailed:-/-/_ I&M_/_/_ &_/_/_ Hearing(s) held on:_/_/_ Opened on :_/_/_ Continued to:_/_/_ Withdrawn:-/-/_ Decision Due By:_/_/_ Made:_/_/_ Filed w/Town Clerk:_/_/_ Mailed:-/-/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone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 OFFICE OF ZONING ENFORCEMENT TOWN BUILDING ANNEX 37 WASHINGTON STREET ' ~. NANTUCKET, MASSACHUSETTS 02554 Telephone 508-325-7578 Fax 508-325-7579 Notice of Zoning Code And Order to Cease, Desist, Violation and Abate Mr./Mrs./Ms. Mark Obanion, and all persons having notice of this order: As owner/occupant of the premises/structures located at 29 Daffodil Ln. (Map# 68, Parcel~# 745), you are hereby notified that you are in violation of Nantucket Zoning Code §139-7A and are ORDERED this date, 07/07/2011, to: 1. IMMEDIATELY CEASE AND DESIST all functions connected with this violation on, or at, the above mentioned premises. Summary of § 139-7A: Prohibited use- Food Processing ("Salty Balls Seafood" Violation commercial fish wholesaler) within the Residential-20 zoning district. 2. COMMENCE, within five (5) days, action to abate this violation permanently. Summary of Action Permanently cease all operation of Salty Balls Seafood, any to Abate subsidiaries, off-shoots, and/or any other commercial fish wholesale use, of your residential property. Zoning violations may result in fines of up to $300 per day, as allowed in X139-25 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 appeai with the Nantucket Zoning Board of Appeals, as specified in § 139-31 of the Zoning Code, within thirty (30) days of this order. Town of Nantucket July 14, 2011 Town of Nantucket Board of Appeals 2 Fairgrounds Road Nantucket, MA 02554 RE: Mark O'Banion Notice of Zoning Code Violation dated 7/7/2011; rcvd 7/14/2011 Dear Sirs, We wish to file an appeal of the above mentioned Notice. Salty Balls Seafood is a small family business I started with my cousin, Jeff Henderson. I provided the facility, he provides the manpower. Salty Balls Seafood wholesales scallops and fish from an approved shanty located at 29 Daffodil Lane, my residence. This space has been inspected by both State and local Health Departments, and is in compliance. During Scallop season, Nov 1-Oct 31, Salty Balls Seafood cuts scallops, purchases scallops from licensed fishermen, ships scallops off island, and disposes of the shells in the shell pile daily. During April 1-Oct 31, Salty Balls Seafood purchases fish from licensed fishermen/boats; cuts fish, wholesales fish, and disposes of the carcasses to lobstermen, or appropriately at the Town Waste Facility. Salty Balls Seafood does not prepare, can or smoke fish. Please be advised that this complaint has been initiated by competitors, Charlie Sayles Seafood, and Nantucket Seafood. This is one of many attempts to "dissuade" us out of the seafood business. Other attempts have included threatening, Bill Blount F/V Ruthie B -police report filed; requesting the Marine Department inspect licenses and facility -all satisfactory; and attempts to disparage Salty Balls Seafood to customers - we still have our customers. r D ~ 3 ~~.~. URRENT ZONING CLASSIFICATION: residential 2 (R-2) MINIMUM LOT SIZE: 20,000 S.F. MINIMUM FRONTAGE: 75 FT. FRONT YARD SETBACK: 30 FT. REAR/SIDE SETBACK: 10 FT. GROUND COVER % t2.5% EXISTING: 002tS.F. 20 ~~ , SEE PLAN 1 STY / ~ SEE PLAN SHED `~ SEE PLAN 1 1 .1 % A=102±S.F. 99 yr A.C. UNIT 2`S• ti ~j ,. ~ ~f FREEZE ~8• ~ GRANITE ~ 2 68- 744 STEP ty N /F sTfiu~ A=13C GLOWACKI ._ i 0' VNOE UTILITY EASEMENT ~~ 9~,F~ A~Th 9` O~ \ ~~ GRANITE ' SHELL STEP DRIVEWAY S STEPS W/F STRUCTURE GRANITE • A=918tS.f`. STEP ~o ~ ?4 < O,QCy ~ o~v g~ ~O Q GRANITE •'y/ STEP \ ~/ ~S ,qA~~~T ~~ \~~ 68- 763 N /F CLARK & KEANE THIS PLOT PLAN WAS PREPARED FOR THE TOWN OF NANTUCKET BUILDING DEPARTMENT ONLY ANO SHOULD NOT BE CONSIDERED A PROPERTY LINE SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERTY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TITLE OR OWNERSHIP OF THE PROPERTY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT ASSESSOR RECORDS. ASSESSOR MAP: 6$ PARCEL: \SPF\PROJ\KJP\65853\BLP.OWG 7/24/20C fND ~:~//i STEP 0 68-747 N /F PIKE ' .JEFFREY az-.~::~b..t. Nc, s5388 °"p,~. RTC BUILDING LOCATION PLAN `fir OF LAND IN NANTUCKET, MASS. \ SCALE: t"=40' DATE: JULY 24, 2008 Owner: MARK, A.. OBANION . LOT 634 Certificate: .19.9?~. Plon: L.C.C. 16510-40 Locus:.... ~29 DAFFODIL .LANE BLACKWELL and ASSOCIATES, Inc. Professional Land Surveyors 20 TEASDALE CIRCLE NANTUCKET. MASS. 02554 (508) 228-9026 GRAPHIC SCALE 745 40 20 0 40 80 8:56:40 AM EDT B58i _- m ~: - : __ '- --- ar . . . r -,_ _. ~ - .~ Q ~.~ h (p ail ~ - ' f ~ ~ LS~N -t ~ - ~ . r~l 1 ,._ m- (q ~ [ lIJ it t . .. . ~. ~ G) al': N~i !'1 tC ~~.1~1 7 ... r tV ~ ~P..~Y.7 n [~ m~ 1 ~ to N - ~~; rr~~ .j+~ ~m ~ z.~~~,tih'~.~,~ ~ ~c ~ O i ~. ~ ~,~-M.t?~ d« - ~ .3r~# h~ ~t ~; ~ ~_~ ~ al. r - ~. ~ - _ c,~.-_.. v ~r '~ ~. ~ r -- r rJ ti ¢ - ~ ~ O - ~. ~ ~ cYi f ct a; ~ ~t ^. ~ . ~ T6 ,.~ _~ ,. ~ ' a ` N h ~~ _ ~`{` w . ~' ' , - t• _ ~. G . ~;. ~ ' r . _ _ oa ~- 7y ~ -_ ~ s ~-_ _ a ^ x+' a ' N e7 _ ~~rt xt v ~- xt ~u, ~ y~o _ _ ~ ~ ~ - ._ ca ` _ _ I '_ -- ~. ua $i ~ ~ ~? ~ c4 co ,~ ~ v-. ~ , ~ - r: ~r, I ~ r~ u+ ~ r _ ~ _ _" ~ ; ~ v ;t :..., _ _ ~ ~ _ , ~ __ ~" ~ i ~,1 ~i'_ 1 ~ ~n_~a1 ~ R'_r ~, o0 f~.`~ ,QD ~ ~o , C~~ ~ar~ Town of Nantucket Zoning Board of Appeals ~ ~_~ ;_ ;. ~ f C JUL 1 5 201i LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTY O WNER.... /.:.`.~!~!t-...O. ~~^-- ......................................... MAILING ADDRESS.... ~~ ..N..G.`?~.'.L ....L1.~~- .............................. PROPERTY LOCATION.......~5 /,~~i Z L~~ ............. ..................................... ASSESSOR MAP/PARCEL....../~!~~....G~........~.d...~.~s~. SUBMITTED BY....~ 14~k .... ~ ~ ~k!~;~../ ................................ . ~ a~_ 3 a--S"`- OOS"S~ ~ 5~,~, ~ ~~ - 3S"~~ c~~~ 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). DATE SSESSOR'S OF ICE TOWN OF NANTUCKET ~~ ~,; J H H a~ H H H ono z ~a a .° ~ ~a ~a ~a ~ ~ ~ ~ ~ ~ ~ ~ a a a ~ o °~ ~ o~~ D O W a W a H H H H H Oy O [ Oy H a E+ ~ W vqq~ m q N ~ O O W W W W W FC ~ ~t W N tOA U01 O a~ a O N~~~~~~ g q q k~ H g 0 0 0~~~ q q q q q W W fA ~q+: ro ~~ .~ rn M r .~ o v In M .-I In M v m a O O W r ao ao ao N M M M M M M N N N rl d' C V' V' V' V' V' rl tN ~N sp sM a} C C d' C C ~ Il7 Ill ~ Il7 In ~ N M ~ to N t(1 ~ N N to ~ (L In M to ~ ~ Ill N O h tfI N In N N to ~ ~ N •rl N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O ~H7 ~H7 HWW WHW WHW WHW WHW WF WH WEW WHW FWW WHW WHW WFW ~H7 WH ~4 D4 D4 D4 b4 D4 6G 64 ~ bG b4 D4 Y. A4 D4 C4 D4 U U U U U U U Z U U U U U U U U U U ~~~z~~~z~~~~~~~ N N Ul N b ~i I" .~ r-I .~ F W a a qz a a ul Itl In FC q O O H M M M D~41 m m ao w oo ao O W W q C V' C N N N N N N W [+I f><I O rn o W DC DC co oD DC O DC DC DS k SC pC ~ q q W yN M M O O M M O a 0 0 0 0 0 0 q 't1 DC x ~ oa x ~' ao o IA m ao 0o w W ~ ~ W q b 0 0 0 0 0 0 0 rn 0 0 0 0 0 0 In M 'd' W ~ Iq GQ a a W PO a '•I a a a a a a N N N7y7 rl ~A~]7'i tai U z w x q H H z a H N a W a j fiNKSj7i W N U O O O V U U CW9 U xi H ro a, BUILDING PERMIT NUMBER APPLICATION FOR BUILDING PERMIT IMPORTANT -Applicant to complete all items in Sections: 1, 2, 3, 4, and 5 'I. OWNERS NAME (print): ~ (~~~g/~~a~ ~~~ LOCATION Last First Middle Initial OF ~~? ~ ~~ ~ Gi~1L ti BUILDING No. street Assessor's Map No. ~~ Assessor's Parcel No. 2. TYPE"AND COST OF BUILDING -All applicants complete Parts A-E A. TYPE OF IMPROVEMENT B. OWNERSHIP D. DIMENSIONS ^ New Building O~Private Dimensions of Structure ^ Addition ^ Public First Floor Area: Second Floor Area: ^ Alteration ^ Repair, replacement C. COST Third Floor Area: ^ Demolition TOTAL COST OF IMPROVEMENT Total Floor Area: ^ Moving (S - Full Cellar Area: E. PROPOSED USE Residential Detail scope of work by floor & provide the square footage. ^ One Family ~~'~'~' ^ Studio ^ Two or more family -Enter ' 1 L ~ Y ~ S ~' ~~~ ~ ~° u~ number of units ~n .~~1-- ^ Hotel, Motel, Dormitory ~~~,,~ ~ ~~ j enter number of units Q:1---~~ ~'L 3''`~~ " ^ Second Dwelling ^ Garage ^ Pool Other -Specify G,}~A Ti- 3. SELECTED CHARACTERISTICS OF BUILDING F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE ^ Wood frame ~PUbIIC No. of fireplaces ^ Other -Specify ^ Private (septic tank, etc.) No. of Wood Stoves Other: I. TYPE OF WATER SUPPLY G. PRINCIPLE TYPE OF HEATING Q,~Public ^ Gas ^ Electricity ^ Private (well) L. RESIDENTIAL BUILDINGS Number of Bedrooms ^ Oil ^ Heat Pump J. SMOKE DETECTORS Number of Bathrooms ^ Other -Specify No. of Detectors Full Partial See Plan for Location 3. Continued M. ENERGY CONSERVATION Type Thickness R Value Foundation or Floor insulation Wall Insulation Ceiling or Roof Insulation Window Glazing: Insulated Glass Double Glass Storm Doors: Insulated Yes No Weatherstripped: Yes No Percentage of Window Area to Wall Area: N. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height: Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: ^ Full ^ Partial FRAMING: Main Carrying members: Size: Support Spacing: First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing Joist size: Maximum Span: Maximum Spacing: Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Professional Engineer. SKETCH OF PROPOSED WORK (minor projects) NOTES AND DATE For De artment Use FEE CALCULATIONS 4. ZONING COMPLIANCE To be completed by all applicants I Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: ;~ - ~-- Total Land Area: 3 ~~2_TS Frontage on Street: ~ ~-~ Lot No.: Plan Book No. and Page: ~~~d - ~ Land Court Plan No.: Date Lot Purchased: /~"v~ti ~ / Certificate No.: Name of Previous Owner. is ~.r! v vualr i SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board File No.: Is the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES NO If YES: Plan Book and Page No.: Date DIMENSIONS TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? Yes No Distance from Property Lines: FRONT REAR LEFT _ Distance between Principal and Secondary Dwelling: (12ft. minimum) Height of structure above finish grade: N E S Number of off-street parking spaces: Enclosed On-site GROUND COVER Principal Dwelling: _ Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: _ Other: MISCELLANEOUS W RIGHT Total: S F. Allowable: SF. Was a request to "Determine Applicability of the Protection Act" filed with the Nantucket Conservation Committee? YES If answered YES, include "Order of Conditions" with application. What date was the "Order of Conditions" with application. What date was the "Order of Conditions" filed with the Registry of Deeds? _ Is the property located within a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Appeals? YES NO If answered YES, what date was the decision filed with the Town Clerk? FOR ZONING OFFICER Minimum Lot Size: Frontage on Street: Front Yard: Additional Comments: Ground Cover Ratio: Side and Rear Setback: Secondary Dwelling approval Board of Appeals Lot Release Form Date: APPROVED BY: Zoning Officer NO 5. IDENTIFICATION - To be completed by all applicants Name Mailing address -Number, street, city and state Zip Code Telephone No. ~ ~ Owner or Lessee 2. Print Name Builder's License Contractor Signature Date 3. Contact Person Date Works Compensation Insurance 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 applicant Address Telephone # ~-' Print name /' I Cl'/''dG ~'d af~TJ~/ DO NOT WRITE BELOW THIS LINE ~ 6. PLAN REVIEW RECORD -For Office Use I Plans Review Required HISTORIC DISTRICTS COMMISSION SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION FIRE CHIEF OVER-THE-ROAD (Board of ROAD OPENING PERMIT ([ PLUMBING ELECTRICAL 7. VALIDATION FOR DEPARTMENT USE ONLY Building Use Group Permit Issued Occupancy Load Census No. Building Permit Fee Approved by: Date of Issuance of Certificate of Occupancy Building Commissioner File No. O.fiM - liim TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 42554 Map Pareely45.li:e: PnntFdim = This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, or to take other action concerning the application of: Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicants) /Petitioner(s) and the Zoning Board of Appeah; hereby agree to extend thet-i^me limit �O , For a public hearing on the application For a written decision O For otheractioii�ll tI 41.1 •4i, (f .LIr::I Inr,,.,;jil�r!! i i L.1. il;.11.., +.r,;I.� Such application is: ,,a -- An appeal from the decision of any administrative official O A petition for a special permit O A petition fora variance O An extension O A modification The new time limit shall be midnight on which L% not earlier than a time limit set by statute or bylaw. 'fhe Applicant (s), attorney not for the Applicant represented to be duly authorized to act in this matter for the applicant, . I e. uting th' agreement waives any rights under the Nantucket Zoning Bylaw and the State Zoning Act, a amended o the extent, but only to the extent, inconsistent with this agreement. kil7:..t Ily' 6 ��:.I )... i:• I�.:�i llli J .u. I :� �.rl, r.. f:�,�{II ,!. }�I .i:,lll „� hy:l j.i (_ ,�L�I, :Ir �t:tl For Applicant (s /t I: 11!11!'' >n�.I�I "r,' i:• . ! .'o, i 'I:f!!.,:`, iWP!� For Zoning Board of Appeals Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 - 228 -7298 facsimile CD 1