HomeMy WebLinkAbout044-13 159 Orange StreetUcyE?
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RECEIVED
F �0q TOWN OF NANTUCKET 2013 OCT 17 FM 2 59
BOARD OF APPEALS NANTUCKET TOWN CLERK
NANTUCKET, MASSACHUSETTS 02554
Date: September 12, 2013
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No: 044 -13
Owner /Applicant: Ronald K.
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 be9jiven to the Town Clerk so
as to be received within such TWENTY i41kdays.
unairman
cc: Town Clerk U
Planning Board
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.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 55, Parcel 170 Deeds Book 200, Page 41
159 Orange Street Plan Book 13, Page 40, Lot J
Residential Commercial 2
DECISION
1. At a public hearing of the Nantucket Zoning Board of Appeals, on
Thursday, September 12, 2013, at 1:00 P.M., 4 Fairgrounds Road, Nantucket,
Massachusetts, the Board made the following decision on the application of RONALD
K. BAMBER, c/o Reade, Gullicksen, Hanley, Gifford and Cohen LLP, Post Office Box
2669, Nantucket, Massachusetts 02554, File No. 044 -13:
2. The locus is a lot of approximately 11,580sf in the RC2 zoning district.
There is a single structure that is used for commercial purposes. It contains two curb
cuts, one on Orange Street and one on West Creek Road The locus and structures
thereon we conforming in all other respects.
3. On July 1, 2103, the Zoning Enforcement Officer issued a Notice of
Zoning Code Violation and Order to Cease, Desist and Abate, asserting a violation of
Section 139- 20.1(B)(1) by the construction of a second curb cut without required relief.
4. Applicant appealed the Notice and Order of the ZEO under Nantucket
Zoning Bylaw Section 139- 31(A), and sought relief from such.
5. The Zoning Board of Appeals reviewed and considered the application
and accompanying materials, representations, and testimony received at our public
hearing. The Planning Board provided a unanimous recommendation to overturn the
Notice and Order. Except for the ZEO himself, there were no supporting letters or
testimony in favor of the Notice and Order.
6. Attorney Steven Cohen represented the Applicant at the hearing. Attorney
Cohen explained to the Board that the Applicant was appealing the Notice and Order
under Nantucket Zoning Bylaw Section 139- 31(A), and sought relief from such Notice
and Order because, although the locus contains two curb cuts, one on Orange Street
dating to at least the 1950s and one on West Creek Road that was installed in 1984, the
second curb cut pre -dates the adoption of Section 139- 20.1(B)(1) in 1998, and neither
curb cut has been abandoned, as evidenced by their continued use and continued physical
existence. Although the Orange Street curb cut has posts and a chain to prevent
unauthorized use by others, it has been consistently and ordinarily used as a secondary
access by the owner, the owner's invitees, and the Town of Nantucket, and none of the
physical materials (the apron, the curbing edges, etc.) have ever been removed from the
site. Therefore no relief is needed.
7. After a discussion with the agent for the Applicant and the ZEO, public
testimony in favor of the Applicant, and a review of the materials provided, the Board
finds that both curb cuts pre -date adoption of Section 139- 20.1(B)(1) and that neither
curb cut has been abandoned.
8. Accordingly, by a UNANIMOUS vote of the sitting Board, the Board of
Appeals upholds the appeal of the Applicant, overturns the Notice and Order of the ZEO,
and confirms the pre- existing nonconforming status of the current curb cuts at the locus.
SIGNATURE PAGE TO FOLLOW
Assessor's Map 55, Parcel 170
159 Orange Street
Residential Commercial 2
Dated: k 11/,2013
Deeds Book 200, Page 41
Plan Book 13, Page 40, Lot J
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COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss. '& 2013
On this A day ofd*A20713, before me, the undersigned Notary Public,
personally appeared M 11,Lt°GsN , who is personally
known to me, and who is the pens n whose a is signed on the preceding or attached
document, and who acknowledged to me that he /she signed it voluntarily for its stated
purpose.
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