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Home My WebLink About94-12 Nantucket BOS and Planning BoardNantucket Planning Office February 24, 2012 Richard Ray, Interim Director of Inspectional Services 37 Washington Street Nantucket, MA 02554 Nantucket Building Department Attn: Stephen Butler, Building Commissioner 37 Washington Street Nantucket, MA 02554 Re: Notice of Appeal of Building Permit No. 94 -12 To Whom It May Concern: Nantucket Building Department Attn: Marcus Silverstein, Zoning Enforcement Officer 37 Washington Street Nantucket, MA 02554 Denise Reisborough 17 Chuck Hollow Road or 64 Milk Street Nantucket, MA 02554 N This letter, with enclosures, shall serve as a Notice of Appeal pursuant to section 139- 31B(2) of the Nantucket Zoning Bylaw. An appeal of Building Permit No. 94 -12 was filed with the Town Clerk on February 27, 2012. The Zoning Board of Awls public hearing on this matter will occur on April 12, 2012. Af drew V. Vorce, AICP Director of Planning CC: C. Elizabeth Gibson, Town Manager Fee: $300.00 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION File No. Owner's name(s):n /a Mailing address:n /a Phone Number:n /a E- Mail:n /a Applicant's name(s):Nantucket Board of Selectmen and Planning Board Mailing Address: 16 Broad Street, Nantucket, MA 02554 Phone Number:5 08 -228 -7233 E -Mail: avorce @nantucket -ma . gov Locus Address: 17 chuck Hollow Road assessor's Map /Parcel:75 1 Land Court Plan /Plan Book & Page /Plan File No.: Lot 998 on LCP 5004 -86 Deed Reference/ Certificate of Title: 22119 Zoning DistrictLUG -3 Uses on Lot- Commercial: None. Yes (describe) See attachment Residential: Number of dwellings Duplex Apartments Date of Structure(s): all pre -date 7/72 or 2002/2004 BuildingPennitNumbers: Appeal of Building Permit No. 94 -12 Previous Zoning Board Application Numbers: 077 - 02 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 -225 -7298 facsimile Print Form State below or attach a separate addendum of specific special permits or variance relief applying for: Application is for an appeal of Building Permit No. 94 -12. See addendum for details of 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: Q � ecarer* BOS Chairman SIGNATURE`. Applicant i PB Chairman *If an Agent i epresenting�the Ow er 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 Appeal to the Zoning Board of Appeals of the Issuance of Building Permit #94 -12 Nature of this Action: 1. This is an appeal, pursuant to § 139 -31. Appeals. of the Charter and Code of the Town of Nantucket from the administrative decision to issue Building Permit #94 -12 on January 27, 2012 to Denise Riseborough for property located at 17 Chuck Hollow Road also known as Assessors Map 75, Parcel 1 and Lot 998 on LCP 5004 -86. 2. This action seeks to rescind the permit and to revoke any Certificates of Occupancy related thereto in the event that they have been issued prior to this appeal. 3. Appellants assert that the issuance of Building Permit #94 -12 exceeds the authority of the Building Commissioner and Zoning Enforcement Officer for the following reasons: • Home occupations must be conducted as an accessory use of the property and the proposed uses for commercially related purposes are not "subordinate and customarily incidental to a principal structure, building or use located on the same lot" as required by § 139 -2, therefore the proposed use violates the Zoning Bylaw. • No special permit has been issued to allow an employer dormitory on this site. • The proposed use is a "take -out food establishments" which is not "customarily incidental" to a principal structure, building or use located on this lot and is unsuitable as a home occupation. • The use is injurious, obnoxious, offensive and a nuisance to the community and to the neighborhood with objectionable features detrimental to the community and neighborhood health, safety, convenience or welfare and is therefore prohibited. • The permit referencing the preparation of "baked goods" does not accurately describe the true nature of the business as a take out food establishment and employer dormitory on the same lot. • No information is provided regarding the area dedicated to retail sales, which is limited to no more than 200 square feet unless a Special Permit is granted by the Zoning Board of Appeals. • Condition 6. (a) of a Special Permit issued by the Nantucket Zoning Board of Appeals on January 17, 2003 and filed with the Nantucket District of the Land Court as Document No. 100739 on the subject property's Certificate of Title No. 22119 states: "The home occupation upon the Locus shall be limited to a wholesale baking business, to be operated by Jodi Levesque; there shall be no retail sales, and the special permit shall be limited to use by Jodi Levesque and shall not be transferable without further relief from the Board of Appeals." (emphasis added) There has been no such relief granted. • The Building Permit is incomplete and contains incorrect information. Parties: 1. Marcus Silverstein is the Zoning Enforcement Officer of the Town of Nantucket. 2. Stephen Butler is the Building Commissioner of the Town of Nantucket. 3. Richard Ray is the Interim Director of Inspectional Services of the Town of Nantucket. 4. Denise and Kenneth Riseborough are the owners of the property at 17 Chuck Hollow Road, Nantucket, MA. 5. Appellant Nantucket Planning Board is a duly - elected Board of the Town of Nantucket. 6. Appellant Nantucket Board of Selectmen is a duly- elected Board of the Town of Nantucket. Statement of Facts: 1. Kenneth and Denise Riseborough are the owners of the subject property at 17 Chuck Hollow Road, Nantucket, MA. The property is more particularly described as Parcel 1 and Lot 998 on LCP 5004 -86 and Certificate of Title No. 22119. 2. The subject property is located in the Limited Use General -3 (LUG -3) zoning district, a residential district within the so -called Tom Nevers East neighborhood. 3. Building Permit #94 -12 was issued on January 27, 2012 to Denise Riseborough for the subject property. 4. The Nantucket Planning Board and the Nantucket Board of Selectmen met on Friday, February 25, 2012 and voted to appeal the decision to the Zoning Board of Appeals for the reasons stated above. The Appellants Request that the Zoning Board of Appeals: 1. Find that the business described in Building Permit #94 -12 exceeds the standards, requirements, restrictions, and definition of a home occupation. 2. Find that additional relief is required by the Zoning Board of Appeals. 3. Find that the permit was issued in error. 4. Overturn and rescind the issuance of the Building Permit 5. Revoke any Certificate of Occupancy granted to the subject property. The Board of Selectmen and the Planning Board, at a duly posted meeting held on Friday, February 24, 2012, unanimously voted to authorize the appeal of Building Permit No. 94 -12. Atherton, Chairman of the Nantucket Board of Selectmen Date G. Rec or, Chairmr�i of the Nantucket Planning oard Date COMMONWEALTH OF MASSACHUSETTS Nantucket, SS IPA On the day of , 2012, before me, the undersigned notary public, 2012 personally appeared , one of the above -named members of the Planning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary Public My Commission Expires t4r&aed 3 The Board of Selectmen and the Planning Board, at a duly posted meeting held on Friday, February 24, 2012, unanimously voted to authorize the appeal of Building Permit No. 94 -12. N Atherton, Chairman of the Nantucket Board of Selectmen Date a /2 <4 F( . Rec or, Chairri54 of the Nantucket Planning oard Date COMMONWEALTH OF MASSACHUSETTS Nantucket, SS Z! , 2012 On the v 1 day of "A.4-1 , 2012, before me, the undersigned notary public, personally appeared �� , one of the above -named members of the Planning Board of Nantucket, %assachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. IVVAIWIV,X�_ Notary Public_ My Commission Expires LESLIE WOODSON SNELL NOTARY PUBLIC MY Comm. Expires Sept. 28, 2018 (1, 0 A a, ab The Board of Selectmen and the Planning Board, at a duly posted meeting held on Friday, February 24, 2012, unanimously voted to authorize the appeal of Building Permit No. 94 -12. z 1 ZK z Atherton, Chairman of the Nantucket Board of Selectmen Date j /,21� 1 _ G. Rec or, ChairnrVa of the Nantucket Plann g-Board Date COMMONWEALTH OF MASSACHUSETTS Nantucket, SS On the day of , 2012, before me, the undersigned notary public, 2012 personally appeared , one of the above -named members of the Planning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he /she signed the foregoing instrument voluntarily for the purposes therein expressed. Notary Public My Commission Expires