HomeMy WebLinkAbout093-86�P
TOWN OF NANTUCKET c
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
October 9, 1986
Re: ROBERT F. AND ELIZABETH B. MOONEY (093 -86)
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk.
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
be-filed within twenty (20) days after this date.
William R. Sherman, Chairamn
BOARD OF APPEALS
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, OCTO-
BER 3, 1986 at 1:30 p.m. in the Town and County Building, Nantucket,
made the following Decision on the Application of ROBERT F. AND ELIZA-
BETH B. MOONEY (093 -86) address 171 Orange Street, Nantucket, MA 02554.
1. Applicants appeal under Zoning Code SECTION 139 -31A from the
notice and order of the Building Commissioner /Zoning Enforcement
Officer, dated July 15, 1986. Applicants were required immediately to
cease and desist from a change from single- family residential to busi-
ness use without occupancy permit, namely, a take -out (ice cream and
milk products) food establishment. That establishment is located on
one of 5 adjoining lots in the common ownership of Applicants, namely:
- 3 Sparks Avenue, Assessor's Parcel 55- 180.3, Lot 4 of
Land Court Plan 40116 -A, Cert. 9571, and also
- 1 Sparks Avenue, Assessor's Parcel 55- 180.1, Lot 3 of
Plan Book 20, Page 86 and Plan 40116 -A,
- 9 Sparks Avenue, Assessor's Parcel 55 -179, Plan 40116 -A,
- 175 Orange Street, Assessor's Parcel 55- 180.2, Lot 2,
Plan Book 20, Page 86, Plan 40116 -A, and
- 171 Orange Street, Assessor's Parcel 55 -292, Lot 1 of
Plan 40116 -A.
In this proceeding, only the Lots 3 and 4 at 1 and 3 Sparks Avenue
appear to be material and will be referred to as the "premises ". The
lots are all in the Residential - Commercial zoning district.
2. Our findings are based upon the Application papers including
the record appealed from (namely, only the July 15, 1986 notice plus
letter to Applicants dated July 14, 1986), viewings, and plan marked
our Exhibit "A ", testimony and representations received at our hearing
of September 5, 1986. We took the matter under advisement to our
October 3, 1986 hearing with the (unrealized) expectation of receiving
(093 -86)
-2-
a memorandum of applicable law from Applicants (he being an attorney).
3. We understand that the premises are leased to the owner/
manager (Elliot Norton) of a roadside restaurant The Rotary. Until
the 1986 season, restaurant operations were confined to the 1 Sparks
Avenue Lot 3. Without Building Permit for structural alterations adap-
ting the residence at 3 Sparks Avenue, nor Certificate of Occupancy for
new use, the residence was converted to use as a take -out food esta-
blishment, selling ice cream and other milk products for off- peemises
consumption. The structural alterations, we understand, are no longer
in issue, noted only as part of an undertaking by knowledgeable Appli-
cants without proper permits.
4. Applicants argue that the ice cream stand is a commercial
use, hence permitted in the R -C district. Sections 139 -9A(2) permitting
retail sales and 139- 9A(12) permitting restaurants are cited. Included
in the numerous grounds cited by the Building Commissioner in support
of his order, Section 139 -6 is cited asbarring all buildings and uses
not set forth in the zoning chapter as permissible. Since at least
subsequent to the amendment of Section 139 -18I to differentiate the
parking requirements for take -out food establishments from those for
restaurants, the zoning code has accorded such establishments a status
distinct from restaurants (and from retail stores generally).
5. Applicants are able fully to meet the parking requirements
for the premises, namely, the 5 spaces per take -out station at the
Rotary and ice cream stand and for restaurant use and employees.
(Parking requirements for uses on the 3 adjoining lots must also be
satisfied.)
6. Since both restaurant and take -out operations are conducted
on the premises by the same leasee, we are faced with the narrow issue,
namely, is a take -out food establishment in a separate building
"customarily incident" to the principal restaurant use, hence permitted
under Section 139 -17 as an "accessory" use. While Applicants have pro-
vided no adequate evidentiary or legal support for a favorable finding
f �
(093 -86)
-3-
on this issue, we take notice that food take -outs are customarily
incident to restaurant uses, on this Island and elsewhere. While we
can think of no linked uses in separate buildings on the same parcel,
we find no legal authority for barring an otherwise permissible
accessory use because, contrary to custom, it is conducted in a
separate building. Here, the buildings are separated by a short walk-
ing distance and present themselves similarly to prospective customers.
7. The Planning Board abstained from recommendations. Parties
in interest were not partisan. A copy of the lease was not proferred.
8. Accordingly, by UNANIMOUS vote, this Board reverses the
Building Commisisoner on theZnarrow grounds and remands for further
proceedings consistent with accessory use pursuant to a continued
leased restaurant operation °the premises.
Dated: October 9, 1986
Nantucket, MA 02554
4 � ion
William R. Sherman
G
Dorothy D. Vollans
C. Marshall BeSie
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held on
FRIDAY, SEPTEMBER 5, 1986 at 1:30 p.m. in the TOWN AND COUNTY
BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Applica-
tion of ROBERT F. AND ELIZABETH B. MOONEY (093 -86) appealing
under SECTION 139 -31A from the Building Inspector's notice and
order dated July 14, 1986. Applicants are charged with changing
use (to retail ice cream take -out establishment) and constructing
deck without Building, Use or Occupancy Permit, citing SECTIONS
139 -26 and 28. The premises are at 3 SPARKS AVENUE, ASSESSOR'S
PARCEL 55- 180.3, Lot 4, Land Court 40116 -A, and zoned RESIDEN-
TIAL- COMMERCIAL.
t
William R. Sherman, Chairman
BOARD OF APPEALS
Q �p�e
Oro Z"4:
August 22, 1986
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Zoning Board of Appeals
Town and County Building
Broad Street
Nantucket, MA 02554
Dear Chairperson:
Telephone 228 -6800 ext. 230
Attached, please find copies of documents and papers constituting the
record of the case of Elizabeth and Robert Mooney, appealing a
decision /order of the Building Commissioner filed with the Town Clerk,
August 12, 1986.
I will attend the Appeals Hearing and present your Board reasons for this
decision /order at that time.
Very truly yours,
Elbert C. Ulsho Jr:
Building Commi oner
ECU /sfh
Attachments
File # 55 -180
7/ 11WIJ
" �io� %r �i.�
June 26, 1986
BUILDING INSPECTOR
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -0588
NOTICE AND ORDER OF THE BUILDING INSPECTOR
Robert F. and Elizabeth B. Mooney RE: File #55 -180.3
171 Orange Street
Nantucket, Massachusetts 02554
Dear Mr. and Mrs. Mooney:
It has come to my attention that you have converted a dwelling into an
ice cream (take out) stand without a permit at your property on Sparks
Avenue.
You are hereby ordered to apply within five days for a building permit
or cease and desist this operation. If upon review of your permit
application you can not meet building and zoning requirements you will
be notified to cease operation immediately. Please note that a take
out operation requires five parking spaces per take out station. Please
include with your permit application a parking plan showing existing
and proposed parking. Also needed is the usual HDC approval, floor
plans and structural information.
This is an order of the building inspector. If you do not comply with
this order within the time set forth above I will seek further enforcement
action from Town Counsel.
Thank you for your cooperation.
CC: Town Counsel
Elliot Norton at the Rotary
HDC
Sincerely yours,
The Pescu �uilbing
22 FEDERAL STREET
�vhert A. ffluanq
ATTORNEY AT LAW
iunfuckef, Aussuchuseffs
02554
July 3, 1986
Mr. Elliot C. Ulshulfer
Building Inspector
Town of Nantucket
Nantucket, Massachusetts 02554
Re: File No. 55 -180.3
Dear Mr. Ulshulfer:
TELEPHONE 228 -0555
AREA CODE 617
JUL VIM
WRIA
Someone has sent me a letter over your signature regarding
the ice cream stand at 3 Sparks Avenue. This letter was
dated June 26th, but did not arrive until July 2nd, and the
envelope bears a postmark date of July 1st.
I am unaware of, and was not informed of, any violation of
the zoning by -law or building code on this property. This
is a permitted use in this district. The building changes were
approved by the Historic District Commission. The parking
area available is shown on the enclosed plan, which indicates
the establishment offers far more parking than any other
restaurant in Town.
If you have any further questions, please contact me directly.
Yours sincerely,
RFM /em Robert F. Mooney
enc. 7
RECEIVED
APPLICATION WILL NOT BE
DEEMED COMPLETE UNTIL
REVIEVVED BY BU,'LDING INSf
EiUILGIN G APPLICATION NUMyER
APPLICATION FOR
PLAN EXAMINATION AND
(451 BUILDING PERMIT
(~ IMPORTANT- Applicant to complete all items in Sections: 1,2,3,4, and 5
j,
I
OWNERS NAME: Ax pan ee4 �'�of�t - i- /(�� 69eY2.
LOCATION
Last k First Middle Initial
OF
_ �ha ✓lt5
e4&? /f/,�y`/
BUILDING
ND -
Street Village
Assessor's Map No. SS" Assessor's Parcel No. ' Fire District
3. TYPE AND COST OF BUILDING - All applicants complete Parts A - D
A. TYPE OF IMPROVEMENT
D. PROPOSED USE - (For " Demolition", most rvc;:nt use)
LNew Building'
Residential Nonresidential
Addition (If residential, enter number
of new housing units udded, if any.
One Family/ / %V�U I_J Amusement, recreational .,
V
in Part D, 13)
,5 ❑ Church, other religious
❑ Two or more family -Enter
Alteration (See 3 above)
number of units - - - - —+- - -_ ❑ Industrial
❑ Repair, replacement
❑ Transient Hotel, Motel or ❑ Parkino garage
Demolition (If multifamily residential,
dormitory; or INTERVA! ❑ Service station, repair garage
enter number of units in building in
OWNERSHIP -- enter number of units
E] Hospital, Institutional
Part D, 13)
❑ Garage - —
❑ Moving (relocation)
❑ Offi;:e, Uank, professional
❑ Carport
❑ Foundation only
❑Other .Specify ❑ Public utility
— — - -' -- School, library, other educational
Stores, mercantile
B. OWNERSHIP
RjPrivate (individual, corporation,
—
Tanks, towers
nonprofit institution, etc.)
Other - Specify !ele CI"PuyK,
Public (Federal, State, or
local government)
C. COST
(Omit cents)
E. DIMENSIONS
Cost of: a. Structure ...............
$ !zo G
Dimensions (N.,w) of Dimensions of
b. Electrical ..............
Dwelling or Addition: Additional Structures:
c. Plumbing ..............
No of Stories: Garage: —
First Floor Area: ALCV..ssory Bldg.:
d. Heating ................
Second Floor Area:
—
e. Other ..................
Swimming Pool:
Third Floor Area: _
_
TOTAL COST OF IMPROVEMENT
Total Floor Area: Othheer_
Full Cellar Area: G�l�k �YXB
BUILDING INSPECTOR'S ESTIMATE
- '-
3. SELECTED CHARACTERISTICS OF
BUILDING For new buildings and additions, complete Ports E -11
for Demolition, co nplete only Port I., for a/l others skip to 4.
F. PRINCIPAL TYPE OF FRAME
H. TYPE OF SEWAGE DISPOSAL
K. ACCESSORY HEAT SOURCE
❑Masonry (wall bearing)
t4public or private company
No. of Fireplaces
Wood frame
OPrivate (septic tank, etc.)
No of Wood Stoves
Structural steel
No. of Coal Stoves
El Reinforced concrete
I. TYPE OF WATER SUPPLY
Solar Collector
❑Other - Specify
Public or private company
Other-
[]Private (well, cistern)
L. SMOKE DETECTORS
No. of Dectectors
— —
G. PRINCIPAL TYPE OF HEATING FUEL
J. SPECIAL CHARACTERISTICS
Type 'F: artery or AC)
El Gas
Air Conditioning
E] Oil
See Plan for Location
Electricity
[] Heat Pump
❑Coal
❑Central Vacuum
M. RESIDENTIAL BUILDINGS ONLY
EjOther - Specify
Other _
Number of Bedrooms
Number of Bathrooms
—
Full Partial
_ _
A.
N rueDry rn..e
... �,.�,.... ..v..acnvn 1 vn
i
Foundation or Floor Insulation
Type -
Thickness R Value
Wall Insulation
--- ---- -_
Ceilinq or Roof Insulation
Window Glazinq: s Insulated Glass
Double Glass
Doors: Insulated YES NO
Storm
Weatherstripped YES
Percentage of Window Area to Wall Area:
NO
Maximum BTU loss per hour of structure:
(Do not fill in if 0 of window to
O. STRUCTURAL CHARACTERISTICS OF BUILDING
wall area is-{ess than 200)
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;
Wait material:
Wall thickness:
Wall height
Wall reinforcing:
Pier or column size:
Pier or columnspacing:
Pier or column footing size:
Pier or column reinforcing:
No, of crawl space vents:
Crawl space: M Full ED Partial
Method of wall reinforcing:
Method: 0 A O B O C MD OE
FRAMING: Main Carryinq member: Size:
First Floor Framing Joist size:
Support Spacing:
Second Floor Framing Joist size:
Maximum Span: Maximum spacing:
Maximum span: Maximum spacing:
Gelling Framina— Joist size:
Maximum span:
Roof Framing Rafter size:
MBxlmum spacing:
Maximum span: Maximum spacing: i
Roof Truss Applicant must submit design calculations for all w od trusses stamped by a Registered Professional Engineer.
INTERIOR FINISH
Bedrooms
Living Room
Family Room
Dining Room
Bathroom
Utility Room
Special (specify)
Attic
Cellar
EXTERIOR FINISH
Walls
Floors
Ceiling
"all material
Roof Material
Roof Type
NOTES AND DATA (For Department use)AI 3 /6
e
FiE CALCULATIONS
i
W1
4. ZONING COMPLIANCE To be completed by all applicants
Xpplicant Is required to submit a registered plot plan with application, showing location of all structures.
Zoning District: /\
Total Land Area:
_
Frontage on Street:
Lot No.
Plan Book No. and Page:
-Land Court .Plan No.
// QQ
Date Lot Purchased: ' lf�t/
Certificate No.
SUBDIVISION INFORMATION
Name of Previous Owner:
/
L2�fljs_
Name of Owner:
Date of Plan Approval:
Type of Approval: ANR AR
Planning Board File No.
Is the Subdivlskxt 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
Distance from Property Lines: FRONT REAR LEFT RIGHT
Distance between Principal and Secondary Dwellino: —,__ (12 ft. minimum.)
Height of structure above finish grade: N E S W
Number of off - street parking spaces: Enclosed On -site -
GROUND COVER
Principal Dwelling:
Secondary Dwelling:
Addition:
Garage:
Accessory Building:
Swimming Pool:
Other:
Total:
Allowable:
SF.
SF.
;MISCELLANEOUS
Was a request to "Determine Applicability of the Wetland Protection Act" filed with the Nantucket Conservation Committee? YES NO__
If answered YES, include "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 BUILDING DEPARTMENT USE ONLY
Minimum Lot Size:
Frontage on Street:
Front Yard:
Additional Comments:
DATE: r�
Ground Cover Ratio:
Side and Rear Setback:
APPROVED BY:
7onirill O f flcer
- Pr
5. IDENTIFICATION — To be completed`b,y all applicants —_ —
Name
Mailing address - Number, street, city. and State
Zip Code
Telephone No.
1.
Owner or
Lessee
d-
dZ�j
Builder's
License No.
ZZ�- -0 S S
SEPTIC
SEWER
WATER. WELL COMPLETION REPORT
_
LZsr -- OS.s
2 /v 7jv
2.
General
'
Z
Contractor
i
Masonry
Contractor
SECONDARY DWELLING APPROVAL (Planning Board)
4.
Architect or
Engineer
FIRE CHIEF
i
I
1 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 applicagit Address
DO NOT WRITE BELOW THIS LINE
6. PLAN REVIEW RECORD -For Ottfce use
Plans Review Required
Check
Permit No
Date Plans Approved
Approved By
HISTORIC DISTRICTS COMMISSION
SEPTIC
SEWER
WATER. WELL COMPLETION REPORT
CONSERVATION COMMISSION
i
BOARD OF APPEALS
SECONDARY DWELLING APPROVAL (Planning Board)
FIRE CHIEF
i
I
OVER- THE -ROAD (Board of Selectmen)
RELEASE FORM (Planning Board)
'
ROAD OPENING PERMIT (DPW)
PLUMBING
ELECTRICAL
Residency Covenant No.
Building Cap No.
Building Exemption No,
7. VALIDATION
Building
Permit number
Building
Permit issued
Date of
Reissuance 1.
Building
Permit Fee $
Date of issuance of
Certificate of Occupancy
19 2.
19
19_
Approved by:
FOR DEPARTMENT USE ONLY
Use Group
Fire Grading
Live Loading
Occupancy Load
Census No.
Building Inspector
PLAN OF LAND IN NANTUCKET
Josiah S. Barrett, Surveyor
February 5, 1979
40116 J'
ROAD
M , r_00N_
GORANGE (Pub /icJ / f
S 32° '"327.962 f Valid /h // S%R
25.00' 1� - 170./6. '617.96,
/02.80 55.00 C.B.
•h ON �
C
.. q A 0 O t-
CO J
.96.80 _ 55oo - Q
N 0 15/.80 f
N N S 32° /B' I2 -r '
e
I Cb —a w M-v
�'¢
1S 32° 14700
— o C
/8
1 /2" O
p { 146.06
"W ^ y
f\'
m
R h M A Not
L^ . ran.
C �
C ��1 e
eel
1 1128'9
I 129.1/ —46�w SPo j ?KS
N 46°
N. B.
Abutters are..
not ad judicate'd
Locas compr/sss
Lots I this /PC/.
Copy of - pa/ of p/ae
B m
LAND REGISTRATION 0j
MAR. /, /979=
Sca /e of this plan 60 feet to o
R.L. {{'oodburyt frgiate716�C�
g
11 .1
i
m
I
r
Fj-
I`I
i
I
i
I
i
�
i
I
f
l
I
I
12"
W.
Y
Certificate No. , . Date Issued:
APPLICATION TO THE HISTORIC DISTRICT COMMISSION
Nantucket, Massachusetts for
CERTIFICATE OF APPROPRIATENESS - STRUCTURAL WORK
An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of
Massachusetts, 1970 proposed work as described below, and on plans, drawings and photographs accompanying this appli-
cation. This is a contractual agreement. Fill out in ink.
TAX MAP NO •ate PARCEL NO.
`_ }1 5
OWNER OF RECORD: G1Y) Y l tit DATE:
HOME ADDRESS: ZIP: �� L TEL. NO.:
�� .�
ADDRESS OF PROPOSED WORK:
NAME AND ADDRESS OF AGENT: �T.S - i ZIP: l ( TEL. NO.: 426f
All drawings submitted must be of �" scale and will be retained by this office.
DESCRIPTION DWELLING_ ADDITION_ GARAGE_ COMMERCIAL_ RAZING or DEMOLITION_
OF WORK HISTORIC RESTORATION_ PAVING_ STEPS_ FENCE_ GATE_ OTHER t
SIZE OF STRUCTURE: Length Width Square Footage
WOOD DECK: Size W4, 1st Fl. / 2nd Fl.
DIFFERENCE BETWEEN EXISTING GRADE AND FINISH GRADE:
HEIGHT OF RIDGE ABOVE FINISH GRADE: N. S. E. W.
DETAIL 1. Foundation: Height Exposed Con. Bik. Blk. parged Brick type
2. Chimney : Block parged Brick Type
3:" 11400d Garage Doors Wood Louvers rt.�,t�f Cv� �"' U ff
4. { ylight: (Flat Only) Type Size
�. ,00f Pitch: Dormer Pitch h.�her
.�
6. Roofing Material: Asphalt Wood_ s, ` Zi bthet� °
— Leader Material Size
utter Material Size •''' F�> /�•!`
ascia. Size Soffit .overhang " t, Rtlieboard szze Cornerboard Size
]A. S €dewall: White Cedar Shingles Clapboard y' r +TOti4Q,.
11. ''Window style: Double hung i Crankout Snap -in Grills,
12. Door type: Front
COLOR Sidewall
Trim
Sash
Received by HDC office
Rear Other Material
Roofing Doors
J•
Foundation Fence
Shutters Deck
VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED
APPLICATION.
APPROVED
COMMENTS:
DISAPPROVED
'Chairman
BUILDING INSPECTOR
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -0588
July 14, 1986
CERTIFIED MAIL
RETURN REQUEST REQUESTED
Robert and Elizabeth Mooney
121 Orange Street
Nantucket, Massachusetts 02554
RE: Application for Building Permit
Dear Mr. and Mrs. Mooney,
Please be informed that your application for a permit to construct a deck
(8' X 14') will be issued in connection with and as an addition to and for
single family residential use only. Please have your contractor re -apply
and change the application to show this intent.
As to the legality of the use of the premises as an ice cream take -out
business; such a use is not allowed as a matter of right in the
Residential Commercial Zone.
Therefore, you are ordered to cease and desist the operation immediately.
Please be advised that if you are aggrieved by this order, you have a right
to appeal with in thirty (30) days to the Nantucket Zoning Board of Appeals.
Yours truly,
E. C. Ulshoef�&I, J .
Building Commissioner
ECU /vtp
NOTICE
OF
ZONING BY -LAWS VIOLATION
BUILDING INSPECTOR
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -0588
AND
E
ORDER
TO
CEASE, DESIST, AND ABATE
Mr. /Mrs. /Ms. Robert F. & Elizabeth Mooney, and all. persons having notice of this
order.
As owner /occupant of the premises, located at 3 Sparks Avenue
Assessor's Map -55 Parcel 180 ^3, and known as R C Zone (Single Family Structure)
you are hereby notified that you are in violation of the Town of Nantucket Zoning
By -Laws, CHAPTER 139, SECTION(s) 26 and 28 , and are ORDERED this date
July 15;_1986 to:
1. CEASE AND DESIST immediately, all functions connected with this
violation, on or at the above mentioned premises.
Summary
of
violation
summary of
action to
abate
Ch�P of use without benefit of_Building Permit Use Permit.
Constructing deck without benefit of Building Permit
Use of structure for business use without Occupancy Permit.
2. COMMENCE within Twenty -four (24) hours, action to abate this violation
permanently within ( ) days
Apply Enr the ner-PSqqr) permi is to operate icQ cream business or
cease operation.
_ Apply for and receive Building Permit for deck.
and if aggrieved by this order; to show cause as to why you should not
be required to do so, by filing with Clerk of the Town of Nantucket, a
Notice of Appeal (specifying the grounds thereof) within thirty (30)
days of the receipt of this or. ler.
If at the expiration of the time allowed, this violation has not been remedied,
further action as the law requires shall be taken.
CC: Elliot Norton
By order,
BUILDING COMMISSIONER
ZONING ENFORCEMENT OF TCER
BUILDING DEPARTMENT
TOWN BUILI)ING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
L.
' WAIN. �
NOTICE ORDER
OIL AND TO
I3LJTI.DING CODE VIOLATION CEASE, DESIST, AND ABATE
Mr. /ilrs_ /1s. Robert F. & Elizabeth Mooney, and all persons having notice of this
order.
As ok,ner /occupant of the premises /strucLures, located at 3 Sparks Avenue
Nantucket , Assessor's Map 55 Parcel 1.08.3 , and known as
R C Zone (Single Family Dwelling) , you are hereby notified that you are in
violation of the Massachusetts State Building Code 750 DIR Article(s) 1
Sect i.on(s) 113.1 & 119.2 & and are ORDLRLi) this date July 18, 1986 to:
121.1
1. CEASE AND DESIST IMMEDIATELY,_ all functions connected with this violation,
on or at the above mentioned premises.
_Construction of deck and changi &_use of structure without the necessary
summary
of permits.
violation
CO11;11?;JC1? within Twenty -four (24 ) Fours, ac.ti.ori to abate this violation
perr,ianently wlLhin Seven _ ( 7 ) days
summary Apply for and receive the necessary permits to operate ice cream business
of --
action or cease operation.
to - -- --
abate Apply for and receive building permit for wooden deck.
0
and if aggreived by this notice and order; to show cause as to why you should
not be required to do so, by iiIing an appeal with the State Building Code
Appeals Board, (as specified i;i Article 1, Section 126.3.1 of 780 CMR State
Building Code) within forty-- five (45) clays after the service of this notice.
iY order,
CC: Elliot Norton
r BUILDING COMfISSIONLR
�jahert A. ffiaatiq
ATTORNEY AT LAW
�Tantuckef, �ixssttchusetfs
02554
the 'Uegcn puilbing
22 FEDERAL STREET
July 22, 1986
Mr. E. C. Ulshoeffer, Jr.
Nantucket Building Inspector
2 East Chestnut Street
Nantucket, Massachusetts 02554
Re: Building Permit - 3 Sparks Avenue
Dear Mr. Ulshoeffer:
TELEPHONE 228 -0555
AREA CODE 617
\r`•i'
JUL 24 1986
RICIN10
I have received your two recent notices regarding the
building at 3 Sparks Avenue, which notices were received
July 21st.
As you requested, I have applied for the Building Permit
for the deck. We also have the permit to operate the
ice cream shop from the Board of Health. Apparently,
we need only settle the question of using the building and
deck for the ice cream business.
I would like to have a conference with you and the Town
Counsel and my counsel to resolve this matter amicably on
next Tuesday, July 29th. If you are agreeable, please let
me know and we will cooperate.
Yours truly,
A��a-
Robert F. Mooney
RFM /em
p
July 24, 1986
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -6800 ext. 230
Robert F. and Elizabeth B. Mooney
171 Orange Street
Nantucket, MA 02554
RE: File 55 -180.3
Dear Mr. and Mrs. Mooney:
This office is in receipt of your letter dated July 22, 1986 in which you
request this office to set up a conference with Town Counsel regarding
violations of the zoning by -laws.
Please be advised, that the appropriate channel for any citizen of the Town
of Nantucket, who is aggreived by an order or decision of the Inspector of
Buildings /Zoning Enforcement Officer, is to appeal to the Zoning Board of
Appeals, (see Chapter 40A. Sec. 8 MGL) and in the case of building violations,
as stated in 780 CMR Sec. 126.
I would suggest, that you take these appeals within the time allowed at which
time Town Counsels opinion may be rendered at the request of the Board of
Appeals.
I would further suggest that in the event you have not compiled with the Notice/
Order of July 15, 1986, Town Counsel will be requested to seek compliance
through the courts.
Sincerely,
Elbert C. Ulshot-f er, Jr.
Building Commissioner
ECU /sfh
cc: Town Counsel
BUILDING DEPARTMENT
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET. MASSACHUSETTS 02554
TO: Town Counsel
FROM: Building Department
Telephone 228 -6800 ext. 230
M E M 0
SUBJECT: Mooney - Violation, Injuction
Attached are copies of zoning and building violations issued to
Robert F. and Elizabeth Mooney and pertinent information.
Essentially, the Mooneys are operating without benefit of permits.
Would you please commence proceedings to enjoin the use forthwith.
Elbert C. Ulshoeffer
Building Commissioner
The Pescu �Iuilbing
22 FEDERAL STREET
?Rabut Cl. ffijaanq
ATTORNEY AT LAW
�qmnluchel, Lfilitssnchusells
02554
August 15, 1986
Mr. Elbert C. Ulshoeffer, Jr., Building Inspector
Town and County Building Annex
Nantucket, Massachusetts 02554
Dear Mr. Ulshoeffer:
TELEPHONE 228 -0555
AREA CODE 617
Mr. William Sherman, Chairman of the Nantucket Board of
Appeals, has requested that he be furnished a copy of the
Building Inspector's complete file regarding my appeal of
your decision on 3 Sparks Avenue.
Would you please make a copy of same and deliver it to Mr.
Sherman as soon as possible.
Thank you for your cooperation.
Very tr ly yours,
1
Robert F. Mooney
RFM /em
B -1 L411 S
FEE $100.00 Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket, Massacliu::et
To the Members of the Board of Appeals:
The undersign -d hereby applies for relief from the terms of
(7.ONIN, HY- LAW)(BUILDING CODE) on property described below:
location of Property 3 Sparks Avenue
Lut No. 4 Plan No. L. C. 40116 -A
District is zoned for Residential /Commercial
Type of structure(Existing or Proposed) or proposed use: FAIL � �ciT
F6 OP
owner I s Name Robert F. Mooney and Elizabeth B. Mooney
owner's Address 171 Orange Street
;then did you acquire this property?
Hos application been filed at Building Department? yes
Has at -y previous appeal been made? — ND
!section of By -Law or Code from which relief is requested: _
.__ _ S_a • )3C1 ___S I A-
;'.eason for asking relief: Petitioners appeal decision of Building Inspector,
Notice and Order dated July 1986;
-- �i[ /�,( l�GT /lM UDC �► r ( ti�CI i/ i < Lf e. IZ-7
,4 ly Fo�Q P9 tj'TjP4,, A;
7 Eo dME- L, 7 I/otsor� Si tore aF licz!r.t
!g 3Rvgd Ee�-
ATTF.k-H: (1) A list of the names and addresses of each abutting owner
and owner abutting the abutters, and owners within 300 feet
(2) A check in the amount of $100.00 made payable to the To-••n
of Nantucket.
(3) Four copies of the application and a map or plan show-frg
the location of the property to be considered.
(4) If the applicant is other than the owner, please ind
your authority to make this application.
8GARD'S DECISION
Application submitted to Board
Advertising dates
Hearing date(s)
Decision of Board
Decision filed with the Town Clerk
;inoJ �o� �aau�6v3 �'{�n9PP0�SI TY
rpui ue o; JXIJ o9 ue d - `.1'l; }a
6L6/ `/ "YdW
30/J.40 N011 KYLVD -7d C'NP 7
ue;dio 'ved 40 /do)
/�d/ g aryl / s107
.. sas/Jdruoo sn007
1,! 'Pa oZpn�pe .4ou
s.ze?!;ngy
)jy ddS
c/� �+ uo M ,9 i•
�+ /o/V .p 0 _ /
8Z /1
cad o00 `6\ /Ze
o -S y
•uo1 �� '� � V �
ION 4/ N W
y / M.,8S
*Zr S
00L"$'/ - --
a A V
v� v m
o� � /_ 3•• �/ , e / o aF s % r
DOSS — 08 %S / q
C 1 y
0836 — C
a
O p o
%
40 G V
a / O
9110p
3 OB ZO/ 1 /
��lB -z.
„ a,
y
13N0
53 -11kv
6L6Z `S S.T-sniged
soSaearLS ���s,z.z�g •S t�8;sor
amo luivii MI axvrl 30 XTICI
O
C)`
o
� o
-�
0
c
o' lb
J
O
1 9
09b
WE
r Vol
um
INS
'401
8L' /•OOSI Z'R'3J'I m�oj
'9 'N
Al
a
G
0
f
w
ro
• w
` t ,00ra.
oaF s
I
Q
m
O
N•
0
a
I/,/ BUILDING INSPECTOR
,( u►' TOWN BUILDING ANNEX
N 2 EAST ('11FS1 NUT STREET
—
�'��; NANTUCKET, MASSACHUSETTS 02554
"relerhone 2 28 -0588
NOTICE ORDER
OF AND TO
ZONING BY -LAWS VIOLATION CEASE, DESIST, AND A "'ATE
Mr. /Mrs. /1`Is. Robert F. & Elizabeth Moor', � ;)nd al -! persons having notice of this
order.
As owner /occupant of the premises, located at- �;�rks Avenue
Assessor's Map_ 55 Parcel 180.3, and known a� ;_- R C Zone (Single Family Structu -re)
you are hereby notified that you are in violation of the Town of Nantucket Zoning
By -Laws, CHAPTL'R 139, SECTION(s) —_26 and 28 and are ORDERED this date
u l v 15. 1 986 to:
1. CEASE AND DESTST immediately, all fu fictions connected with this
violation, on or at the above mentioned prumi_;e,-
Change of use witlwiL bejj(LjL of_BuildinZ 'ermi.t Use Permit_,
Constrticting deck without benefit of Building Permit
s uimn a ryof Use of structure for bu:,iness use without Occupancy Permit.
violation
2. COI -MENCE within Twenty -four (24) hours, action to abate this violation
perm:.inently within - -- ( ) clays
summary of -j 11f, „�,ci_ss:l Sze, -tui tit() ODf;z. �� J� crearLbusiness or
action to cease operation.
abate— — — �__ - - - -- -- - - -- -- - -- - --- - -- —
—,ADDlV for and receive Building_ Permit for - deck._
c!;id if aggrieved by this o)-det; to show cause a:; to why you should riot
be required to do so, by filing with Clerk of the Totm of Nantucket, a
Notice of Appeal. (shecif.-yiup Ll,o grutmds thereof) within thirty (30)
days cf the receipt of this c:r'.er.
;± at the e:,:piration of the time allowed, this viot:ition has not been remedied,
further action as the .law requ.ire:; ;h :! : b taken.
CC: 1:lliot Norton
L'y order,
BUILDING COMMISSIONER
:!U1, NIG ENFORt'F.MENT OF I(;ER
BUILDING INSPECTOR
TOWN BUILDING ANNEX
2 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
Telephone 228 -0588
July 14, 1986
CERTIFIED MAIL
RETURN REQUEST REQUESTED
Robert and Elizabeth Mooney
121 Orange Street
Nantucket, Massachusetts 02554
RE: Application for Building Permit
Dear Mr. and Mrs. Mooney,
Please be informed that your application for a permit to construct a deck
(8' X 14') will be issued in connection with and as an addition to and for
single family residential use only. Please have your contractor re -apply
and change the application to show this intent.
As to the legality of the use of the premises as an ice cream take -out
business; such a use is not allowed as a matter of right in the
Residential Commercial Zone.
Therefore, you are ordered to cease and desist the operation immediately.
Please be advised that if you are aggrieved by this order, you have a right
to appeal with in thirty (30) days to the Nantucket Zoning Board of Appeals.
Yours truly,
ECU /vtp
E. C. Ulshoefeef-, J .
Building Commissioner