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HomeMy WebLinkAbout069-13 14 Wood Hollow RdRECEIVED TOWN OF NANTUCKET 2013 OCT 7 F(9 12 06 BOARD OF APPEAL$ANTUCKET TOWN CLERK NANTUCKET, MA 02554 APPLICATION Fee: $300.00 File No. 0l 1J Owner's na ms(s)- JOHN MCDERNIOTT& VICTORIA MCMANIJS Marling address, 34 GREGLEN PMB 316 NANTUCKET MA 02554 Phone Numh, er. E-Mad: Agent's name(s)—.—VALERIE NORTON /NORTON PRESERVATION TRUST_ Mailing Address: PO BOX 476 NANTTT JCKFT MA 02554 Phone Number. 508 -221- 5756 E -Mail• PRESERVEQNAMUCKETNET Locus Address: 14 WOOD HOLLOW OW ROAD Assessor's Map /Parcel 72/11 Land Court Plan /Plan Book & Page /Plan File No.: 5004 -48 LOT 767 Deed Reference /Certificate of Title: 22786 Zoning District i UG -3 Uses on Lot- Commercial: None-2L-Yes (describe) Residential: Number of dwellings 2 Duples Apartments Date of Structure(s): all pre -date 7/72 _ or Building Permit Numbers: Previous Zoning Board Application Numbers: NA 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile ADDENDUM Applicants are appealing a determination /interpretation made by the Zoning Enforcement officer ( "ZEO ") regarding the definition of "ground cover' contained in Zoning By -law Section 139 -2 (Definitions — ground cover), as it pertains to second floor space located over first floor open space. In an email dated September 16, 2013 the ZEO determined that a portion of a new covered porch decking, which in itself does not count as ground cover, was located over what used to be a bulkhead space in the basement. Bulkheads are not counted as ground cover. The alterations and expansion of the existing dwelling were made pursuant to a duly issued building permit. The bulkhead was abandoned in favor of a walk -down set of stairs on another elevation of the single - family dwelling. As the area of the bulkhead is an integral part of the existing poured foundation and basement layout the Applicants covered the open hole with the new approved porch extension rather than try to remove it or fill it with dirt. Rather than leave the space unused, the area of the bulkhead was converted to a wine cellar directly accessed from the finished basement with a door placed on the space to contain the temperature. The ZED has now determined that the about 32.64 SF of bulkhead space is now counted as ground cover even though it is a subterranean space. The By -law states the following: The horizontal area of a lot covered at grade by structures, together with those portions of any overhangs which contain enclosed interior space; excluding tents, retaining walls, decks and unenclosed porches not over or under an enclosed interior space, platforms and steps, game playing courts at grade, uncovered in- ground residential swimming pools, chimneys, bulkheads, bay windows, unenclosed breezeways, air conditioning units, fuel tanks, bow windows, roof eaves, and trash bins. Also excludes not more than one accessory detached shed covering an area not to exceed more than 121 square feet at grade, together with those portions of any overhangs which contain enclosed interior space. The section specifically excludes decks, platforms, bulkheads, etc. The bulkhead in its previous form did not count for ground cover, though covered with a metal door. The ZEO alleges that because the Bilco door was removed and the at grade deck or the porch was extended over it to cover it, it must count for ground cover. His interpretation that there is living space that is covered by an 'overhang" would seem to be reaching and excessive. An at grade porch deck has not generally been considered an overhang as in second floor living space overhanging a void beneath it. In addition, the space is the same about 32.64 SF of subterranean space whether covered by a metal door or a wood deck being placed over it. There are two structures, a primary and a secondary single - family dwelling, and an about 118.73 SF shed, that does not count for ground cover, located on the about 68,772 SF lot. The LUG zoning district requires a minimum lot size of 120,000 SF. However, the lot size is consistent with the other lots in the same Tom Nevers subdivision. The lot is conforming as to frontage and all setback requirements. The subject structure was moved to the site in 2004 from a lot in Siasconset and a new foundation was placed under it with the subject basement access covered by a Bilco door clearly shown on the plan. Subsequently, other additions and alterations were made to the structure, with the basement access clearly shown on various site and floor plans submitted to the Building Department as part of the request for building permits. Substantial revisions were done starting in 2010 that included the new covered porch extension over the basement access and said access was still shown on floor plans for the basement. A new walk -down basement access was placed on a rear elevation that did not count for ground cover. Regardless of what the basement access was labeled as, i.e. general basement area or wine cellar, it was to remain and be covered by the approved porch, all of which was shown on the plans submitted for the new additions, including the new extended covered porch area. The possible issue with a ground cover violation was not caught at the time the building permits were issued. The issue with ground cover only became a concern when the Applicants sought the Certificate of Occupancy and the notation of the below grade space was changed to a use as a "wine cellar ". If the subterranean space is not counted towards the ground cover allowance of a maximum of 3% for this lot, the lot would be conforming as to ground cover. The ZED is stating that the area must be counted for ground cover under the definition even though it is underground, with underground space generally not counted towards ground cover calculations, because it is technically covered by a porch structure. Thus the ground cover using his calculation is now about 3.04 %, over the maximum of 3 %. Applicants argue that this interpretation of the definition of ground cover is not in harmony with the spirit of the By -law as the section was meant to capture living space cantilevered above first floor decks, not at grade decks over basement areas. The deck of the at grade porch is not cantilevered over the former basement access area. The Applicants are asking the Zoning Board of Appeals to overturn said ruling of the ZEO and make a finding that the ruling is inconsistent with the intent of Zoning By -law Section 139 -2 (Definitions — ground cover), that the porch deck is not an overhang, and further find that no relief is necessary for the wine cellar covered by a porch and further find that the lot is not in violation of the maximum ground cover requirements. In the alternative, Applicants are seeking relief by Variance, pursuant to Zoning By -law Section 139 -32 from the maximum ground cover ratio requirements of Section 139 -16A to validate the ground cover of about 3.04 %. As to the request for Variance relief, removal of the space by either trying to cut it from the integrated poured foundation, fill it in with dirt or concrete, or remove the existing porch and roof structure, would involve a substantial financial hardship to the applicants for a de minimus .04% alleged ground cover overage and provide not public benefit. In addition, said situation affects this lot specifically and does not generally affect the zoning district within which the lot is situated. Said violation is not discernible to the public, being located underground and under a ground level porch deck. Owing to the unique circumstances related to the shape and topography of the existing foundation and the approved alterations to the existing structure, including the fact that this space was not deemed a problem at the time of the building permit being issued by the Building Department though shown on the plans, the desirable relief could be granted by the Zoning Board of Appeals without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the By -law. John Mcdermott and Victoria McManus 1040 Fifth Avenue Apt I New York, New York 10028 October 1, 2010 RE: 14 Wood Hollow Road/ Agent Assignments To Whom it May Concern, please be advised that Richard and Valerie Norton, of Norton preservation Trust, will be acting on our behalf for the project at 14 Wood Hollow, Nantucket. They have my permission to file all appropriate materials to the following boards, or any others that are deemed necessary for the project. -Nantucket Conservation Commission .Nantucket Zoning Board of Appeals -Historic District Commission .Nantucket Building Department Thank you in advance for your assistance. Sincerely, John Mcdermott and Victoria McManus Tuesday, September 17, 2013 9:52 AM Subject: RE: 14 Wood Hollow permit 624-10 Date: Monday, September 16, 2013 7:58 AM From: Marcus Silverstein <MSilverstein @nantucket- ma.gov> To: Valerie Norton <preserve @nantucket.net> Valerie, The issue is that by covering the bulkhead with decking, the area of the decking above the bulkhead now counts as part of the ground cover of the overall structure and property. And that extra ground coverage has apparently exceeded the maximum amount of ground cover allowed for the property. I have not seen surveyed confirmation of the overage. Rather I make this determination based on statements made by you in the e-mail below which notes 24 -feet of excess ground cover. Respectfully, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket From: Valerie Norton [mailto:preserve @nantucket.net] Sent: Friday, September 13, 2013 4:44 PM To: Marcus Silverstein Subject: Re: 14 Wood Hollow permit 624 -10 Importance: High Marcus I have confirmed with my client that she would like me to pursue an application with the ZBA. It is my understanding that I need a letter from you stating the problem. Would you please write that for me ASAP so that I can make the deadline. Thanks you in advance for your prompt attention. Sincerely, Valerie Norton Norton Preservation Trust Page 1 of 3 PO Box 476 44 Milestone Road Nantucket, MA 02554 PH 508 228 9987 FAX 508 228 7882 Email preserve @nantucket.net Building Artisans and Architectural Designers of Nantucket Homes On 9/10/13 1:28 PM, "Valerie Norton" <preserve @nantucket.net> wrote: Marcus I was going to call you. Sorry the owner was thinking about it and had me go speak to Leslie. If you still feel that the wine cellar under the porch is ground cover we are approximately 24 SF over. We can not remove it, so off we go to the ZBA. I guess you can put the file back on the rack. Sincerely, Valerie Norton Norton Preservation Trust PO Box 476 44 Milestone Road Nantucket, MA 02554 PH 508 228 9987 FAX 508 228 7882 Email preserve @nantucket.net Building Artisans and Architectural Designers of Nantucket Homes On 9/10/13 10:43 AM, "Marcus Silverstein" <MSilverstein @nantucket - ma.gov> wrote: Valerie, I have your request for amendment to permit #624 -10 for work at 14 Wood Hollow Road. However, I do not recall a resolution to the possible ground cover issue raised last January. Please update me with whatever information you have regarding this matter. Page 2 of 3 Respectfully, Marcus Silverstein Zoning Enforcement Officer Town of Nantucket Page 3 of 3 M077CYH DOOM F 5 g ouffl T 1 ym 3 = r pyay a ga x pMYUV �� tt�N ' 11 k R A R RZ 11 :ems •'°`°'� 1 i�8j /� i E �� �' -- / "g A >m m_mn �o .ms . R St o 0 ,00 E; Use dp � N 4 N o G -YR d4m Di. 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RECEIVED 2013 DEC 13 PI i 3 30 TOWN OF NANTUCIET TOWN CLERK BOARD OF APPEALS NANTUCKET, MA 02554 File No. 069 -13 Map 72 parse] 11 This agreement to extend the time limit for the Board of Appeals to make a deasioa, hold a public heating, or to take other action concerning the application of John McDermott and Victoria McManus Pursuant to the provisions of the Acts of 1987, Chapter 498, am.dmg the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Appicant(s) /Petitioner(s) and the Zoning Board of Appeals hereby agree to extend the time limit M For a public heating or the application • For a written derision • Fototherned Such application is: N An appeal from the decision of my administrative official O A petition for a special permit ffi A petition for a v.6.cc O An extension O A modification The new time limit shall be midnight on February 28, 7014 which is not earlier than a time limit set by statute or bylaw. The Applicant (s), avomey, or agent for the Applicant cepmsented to be duty authorized to act in this matter for the applicant, in executing this agreement waives any rights under the Nantucket Zoning Bylaw and the Stare Zoning Act, as amended, to the extent, but only to the extent, inconsistent with this agreement �C1Q.2+- t -a—Cil Y) l9= -- ✓AL�CL G NO'tZ'a For Appli�cant(s) � ' For Zoning Board of Appeals 12 -05 -13 Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 -228 -7298 facsimile Print Fotm � m m ft1 y _m � � G TOWN OF NANTUCKET o BOARD OF APPEALS A co NANTUCKET, MA 02554 File No.o69 -13 Map 72 P.611 This agreement to extend the time limit for the Board of Appeals to make a decision, hold a public hearing, of to take other action concerning the application of Sohn McDermott and Victoria McManus Pursuant to the provisions of the Acts of 1987, Chapter 498, amending the State Zoning Act, Chapter 40A of the Massachusetts General Laws, Applicant(s) /Petitiona(s) and the Zoning Board of Appeals hereby agree to extend the time limit )r For a public hearing on the application • For a written decision • For ther action Such application is: K An appeal from the decision of my administrative official o A petition for a special permit A A petition for a variance • An extension • A modification The new time limit sha0 be midwght on May 29, 2014 , which is not earlier than a time limit sea by smmte or bylaw. The Applicant (s), attorney, or agent for the Applicant fepresented on be duly authorized to act in this matte for the applicant, in executing this agreement waives any rights unde the Nanmcket Zoning Bylaw and the State Zoning Act, as amended, to the eaten, but only to the extent, inconsistent with this agreement. 02/072014 Town Clerk Stamp: Effective Data of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508- 228 -7215 telephone 508- 228 -7298 facsimile 4i'1?l� 'J : J :1"; ;%`\.1 (.111 ' , - -.1 C� TOWN OF NANTUCKET A s BOARD OF APPEALS ril NANTUCKET, MA 02554 w m 4 c) rri File No. q - ( � 6 Map 4 Parcel{"f Z• This agreement to extend the time limit for the Board of Appeals to make a decision,hold a public hearing,pr c to take other action concerning the application of Jahn �T ; 460 J r , .: , i ,max mcr t '.ti ' Pursuant to the provisions of the Acts of 1987,Chapter 498,amending the State Zoning Act,Chapter 40A of the Massachusetts General Laws,Applicant(s)/Petitioner(s)and the Zoning Board of Appeals hereby agree to extend the time limit P For a public hearing on the application For a written decision O For other action • • Such application is: • jB An appeal from the decision of any administrative official 0 A petition fora special permit fr A petition for a variance O An extension O A modification 1 The new time limit shall be midnight on -.' JI.I)(/ 3/f •de>y ,which is not earlier than a time limit set by statute or bylaw. The Applicant(s),attorney,or agent for the Applicant represented to be duly authorized to act in this matter for the applicant,in executing this agr ent waives any rights under the Nantucket Zoning Bylaw and the State Zonin_Ac •.• ended _: f nt,but o to the extent,inconsistent with this agreement. For A.:"cant For Zoning Board of Appeals ' Z I, ZO/`` Town Clerk Stamp: Effective Date of Agreement 2 Fairgrounds Road Nantucket Massachusetts 02554 508-228-7215 telephone 508-228-7298 facsimile 1