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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