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Home My WebLink About031-14 30 Eel Point Road=119 i l � APR 7 3 2'0`4 lIIJII TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MA 02554 APPLICATION Fee: $450.00 File No." Owner's name(s): Olaf Clausson Mailing address: c/o Reads. Gullicksen. Hanley Gifford, and Cohen LLP Phone Number: 508 -228 -3128 _F-Mail: SLCfZa readelaw com Applicant's name(s): Same Mailing Address: _(6 Youngs Way) Post Office Boa 2669 Nantucket. MA 02584 Phone Number: 508- 228 - 3128 E- hfnil: SLC6Mreadelawcom Locus Address: 30 Eel Point Rd. Assessor's Map/Parcel: 40 -441 Deed: Book 1327 Pis 244 Plan.: Lot 4. PLFL 48 -0 Zoning District: LUG -2 Uses on Lot- Commercial: None Residential: Number of dwellings-1 Duplex 0 Apnrtments 0 Date of Structure(s): all pre -date 7/72 no or 1998 and later Building Permit Numbers: 438 -98 House, 169 -12 Studio 170 -12 Open Cabana 171 -12 Pool. Garage (annlied lot), Previous Zoning Board Application Numbers: z a Z L y C � 2 Fairgrounds Road Nantucket Massachusetts 02554 508 -228 -7215 telephone 508 - 228 -7298 facsimile M ^� S y m z p n t-' r M cn The Appellant brings this appeal under Nantucket Zoning By -law Sections 139 -29 and 31, concerning a denial for a permit and a Certificate of Occupancy by the Zoning Enforcement Officer ( "ZEO ") concerning pemrifs for work at 30 Eel Point Road in a letter dated March 24, 2014, as attached. The premises is a lot of 103,100 SF in the LUG -2 zoning district. The Ground Cover Ratio in the LUG -2 zone is 4 °/q yielding a total available ground cover of 4,124 SF for the premises. Applicant acquired the premises in 2010 with a 1901 SF house and then obtained permits to build a 960 SF studio and a 684 SF open air cabana. Applicant has now requested a building permit for a new 1120 SF garage and Certificates of Occupancy for the studio and open cabana. The Zoning Enforcement Officer contends that the cabana should count entirely toward Ground Cover. The Applicant asserts that although the open cabana is 684 SF, only the enclosed bathroom/changing room area, 54 SF, should count as Ground Cover, as the remainder of the structure is either a "deck or unenclosed porch not over or under an enclosed interior space" or a "gazebo," both of which are specifically exempted from Ground Cover by the definition of such in Sections 139 -2 (note: "gazebo" was added to the emption by Article 68 at the 2014 Annual Town Meeting). The Nantucket Zoning Bylaw does not specifically define the terms "porch" or "gazebo." However, the open cabana should qualify for either, depending on how the bathroom/changing mom is treated. By common definition, a "porch" is a roofed structure attached to a building that is open or has partial walls and/or screening. Likewise, by common definition, a "gazebo" is a freestanding roofed s(ruclure that may be open or semi - enclosed and which is used for viewing, relaxation, entertainment or is otherwise accessory to recreational purposes. Not all pool cabanas would qualify as an exempt "porch" or "gazebo" for Ground Cover purposes, but the name of the structure is not important, it is the design and use that control. The distinguishing characteristic that is expressed mid implied in the Nantucket Zoning Bylaw and local practice is whether the structure is generally enclosed interior space or generally open. While a structure with a nominal opening or structure that clearly meets the definition of a different type of structure in the bylaw (such as a shed, dwelling, garage, office or studio) may not quahfy as a porch or gazebo, in this case the structure in question is a porch or gazebo due to its being a) substantially open on three sides (the most substantial walls are formed by the adjoining bathromn/changing room wall on one side and the chimney on another, which itself is also exempt front Ground Cover), and b) a structure primarily accessory to recreation and viewing and not used for habitation, storage, parking or otherwise. The Zoning Enforcement Officer contends that it is not an exempt "porch" or "gazebo," but the distinctions he makes are unilaterally asserted, are entirely subjective, are not typical for Nantucket, and are also inconsistent with the intent of the bylaw, the votes of Town Meeting and the recent actions of this Board (see File 12 -14, Doughan). That is, porches do not have to be attached to dwellings, and often are not on Nantucket, and gazebos do not have to be octagonal platforms with lattice, which would be atypical on Nantucket. The constructed buildings do not put the Applicant over the allowed Ground Cover and the Applicant is not seeking relief to cure a nonconformity. This matter is about bow the open cabana should be treated in its Certificate of Occupancy application and concurrently whether a 1120 SF garage permit can be issued. If the structure in question counts entirely toward Ground Cover, then the studio, house and open cabana would total 3,545SF of Ground Cover, which would still be under the 4% Ground Cover Ratio limit for the LUG -2 zone. However, this would only leave 579 SF of ground cover available. If the bathroom /changing room count as 54 SF of ground cover and the remainder is considered a porch, gazebo or otherwise exempt from Ground Cover, then 1209 SF of Ground Cover would be available, enough for the garage. Applicant requests that the Zoning Board of Appeals overturn the decisions of the Zoning Enforcement Officer and determine that the open portion of the structure currently constructed under Building Permit No. 170 -12, approximately 630 SF, is a porch or gazebo, and thus not to be counted toward Ground Cover calculations in the consideration of the issuance or closure of Building Permits and Certificates of Occupancy. To the extent necessary, in the alternative, the applicant seeks Variance relief under Section 139 -32, to have the structure in question determined to be a porch or gazebo. 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: Clef Clausson B7. SIGNATURE: YI,2 -3 h uI Steven L. Cohen, as duly audrotizcd attomey OFFICE USE ONLY Application received on:_ /�_ By: Complete:_ Need Copies:_ Filed with Town Clerk _/_/_ Planning Board:-/-/- Building Dept.:-/J_ By:_ Fee deposited with Town Tteasumr:_ /J_ By:_ Watvet requested:_ Granted:_ /_ /_ Hearing notice posted with Town Cie& _/_ /_ I&IvI_/_ /_ &_ /_ /_ Heaung(s) held oa_/_ /_ Opened on :_ / _J_ Continued to: _/_ /_ Withdmwn:_ /_ /_ Decision Due By:_ /_/_ Made:_ /_/_ Filed w /Town Clerk:_ / _/_ 2 Fairgrounds Road Nantucket Massachusetts 02554 508 - 228 -7215 telephone 508 -228 -7298 facsimile A Ali, Q6 Iva IF 14 14) 00 awAli T , 1 1 d�.^� � i %F' Ob do I A F. ol I , A— IF 1, 1 "= 50211 Property Information eMidlq Propeortyll) 4044.1 Inessell'On WEELPF31i ()%,mer IX JUSWFJ MOF MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Tim.Toralnmrkanmadatmsindre,Famarlai 4� r, I Vareas ad OF Implied, wreei thovalidiyor t- a ....,uMaGISdIllspeasearosorn-arap. Panels upi Denei 2013 E O 4 S a soN eF� Q-0 O m ZONING CLASSIFICATION (LUG -2) 70 7N£ MW L NMI ET.- \ REQUIRED EXISTING LOT AREA: 80.000 xf. 103.10D vi. FRONTAGE: 150' 88.20' - FRONT YARD: 35' 300'♦ 510E/REM YARD: IS' 19.1, COVERAGE: 4R(LAS) 2.93R(2915 SF) AXOIKEOGE AM BELdF. \ • QI EK(➢Vp15 £G9 lM%'I.16E SPECIAL ROOD HAZARD ZONE AS /N Z(MMW'91U 1{S IX A -)r�1J *a!M Prepared Bg(1p�1 RAGREN U,I.nne -S—,l g EnMOnmenlel I—an, 19 Old South Road Nantucket, MA 02554 Phone: fi08J2S0044 Fax: 50 &833 -2282 PLAN SCALE 70 7N£ MW L NMI ET.- \ - ,•'1 \. 5 CERILEY NAT THE BLN NG AM �' -.:y LMPBOKL ML SMAY KBE LWAMD BY" �1 1�• - ACNAL f FM A. ME OLNEN.S S 1I V SW W ABE AC"AA TO WE BEST K NY PAhti 0 4Aad - AXOIKEOGE AM BELdF. 4. LOCUS DOES NOT GALL M1HIN A SPECIAL ROOD HAZARD ZONE AS SHOWN ON FEMA FL000 J a�RADV 3 ti,__ w9rra j �yDOUGLAS %� i 1 � BBCY£SCJQVAL L 0 vEYae M'ar -M+r mr+mermJ � Prepared Bg(1p�1 RAGREN U,I.nne -S—,l g EnMOnmenlel I—an, 19 Old South Road Nantucket, MA 02554 Phone: fi08J2S0044 Fax: 50 &833 -2282 PLAN SCALE NOTES. I. OWNER: OLOF MAUSSON 2 DFSD REF: Bk1321 Pg:244 ® ' 3. PLAN REF: Plan FIIr.4B -O 4. LOCUS DOES NOT GALL M1HIN A SPECIAL ROOD HAZARD ZONE AS SHOWN ON FEMA FL000 - INSURANCE RAZE MAP COMMUNIW -' PANEL N0. 250230- 0013 -0. �yDOUGLAS WAY M'ar -M+r mr+mermJ COMMON WEACftf OF MASSACHUSETTS MA_P10 PARMH1,44 i TOWN OF NANTUCKET BUILDING DEPARTMENT Fee $513.00 No. 170-1 . Office of the Building Inspector �Q�20I2 BUILDING PERMIT TUISPRRMITCERTU?MTRAT CLAUSSON OLOII HAS PERMISSIONTO BUILDA689SO 'OPEN CABANA WITIIYUATUANTIFIREPLACF _ LOCATED ONOEL +L POIM'RD PROVIDED THAT I US PERSON ACCEPTING TIIIS PERMI'PSHALL CONFORMTO'PHR'PKIIMS OF T11E APPLICATION ON PILE IN I HE BUILDING. DEPARI'MERFAND TO THE PROVISIONS OF7H6 STATUTES AM THROADINANCES RELATING, IT1 TOR CONSTRUCTION, MAINTERARCEAND 1NSPECPION OFItuo,n1NGS IN'CIIE I'O WN OF NANPUCEEI', AND'I'OF, AIASSACIlUSE'ITS STAGE HIIILHINC CODE ISD CPIR S' "L +DITION. A CF•IITIVICATE OF OCCUPANCY NVILL BE ISSUED umN RE TURN OF TIIIS PERMI'C ONLY ARCED M.1.1 HE REVUIRLD INSPECTIONS HAVE BEEN SIGNED AND DATED BY TIIR APPROPRIATE INSPECTOR. 11118 PEIIMII SDALL BECOME INVALID SIX MONTHS FROM l'HE DATE OR ISSUE IF'FIUL WORK FERMI FORD HAS NO 'f COMMENCER OR IN NOT PROGRESSING CONTINUOUSLY TO COPB'LEWON AS CAR AS REASONABLY PRACI'WARLE PERSONS CONTR M INC WITH IIM2RGI&'I'P,TIP.I)CONIWUPORS 110 NOT HAVE ACCESS '1'0'1'X8 GUARAN'T'Y FUND ISL CMIUMGLdQA 1'HIS CARD MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES -- A tT) �t 9:) -- A New Cabana for U n n ll 3' D rt \V 0 ill Q 5 j 0 k A New Cabana for I I I I I I-Ili I \ \ , ] §§ ))� § | | =�. !m , )] /) ; • � \\ \ \ , | ( =�. !m 4! /) _ \ !m _ ,c> |5! N}( ! |§w� �� !E| | «�§\2. _! | |G - g§ 3 E• 9 .td l y x i 3�H s bb g 1j y 5431 =° Q+ 3 L � s s a ogR3 g 1, �yg °✓§ P II y d � [ 3 O% eil s aim ,r00 RECEIVED BOARD OF ASSESSORS Town of Nantucket APR 22 2014 TOWN OF Zoning Board of Anneals NANTUCKET, MA LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF; PROPERTY OWNER...., Ol.of Cl0.u5so. -r. MAILING ADDRESS.., c/o Reedel Gullickaen, llnnley, Gifford & Cohen, LLP ........... I .................... PROPERTY LOCATION,...Y�,,,., ff- -t ppr(,i- IZd, .....I ....... I ........... ASSESSOR MAP/PARCEL..,4O,..�.,'a.`,�; 1 SUBMITTED BY.,,,Reede, Gulliekoent Nan1eT, Gifford & Cohen, UP . I .................. SEE ATTACHED PAGES I certify that the foregoing is a list of all persons who we owners of abutting Property, owners of land directly opposite on any public or private street or way; and abutters of the abutters and all other land owners within 300 feet of the Property line of owner's property, as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section l t and. Zoning Code Chapter 40A, Section 139 -29B (2). - 'S A SE MY SOR'S OFF I TOWN OF NANTUCKET §! .............. nanneee Hj\R� /Q . | |`�.. | |l Maria L. Zodda Georgia & Charles Adams 3 Dionis Beach Road 233 Greens Farm Rd. Nantucket, MA 02554 Westport, CT 06880 Michael A. Neff Swift Rock Property LLC 5 West W Street 241 Perkins Street Unit D 101 New York, NY 20024 Jamaica Plain, MA 02130 Bart A. & Leslie B..Grenier, Trst William V. Haddon, Trat et al 24 Commonwealth Ave. #3 P.O. Box 247 Boston, MA 02116 Nantucket, MA 02554 Susan B. McCollum, Trst, et at Paul M. & Allison G. Russo 48 West Moreland Rd. 12 St. Lukes Place St. Louis, MO 63108 New York, NY 10014 Town of Nantucket Donald R. Finley 16 Broad St. 39 Overlook Rd. Nantucket, MA 02554 Lattington, NY 11560 Ronald D. & Linda S. Wolf, Tr 2550 N. Lakeview Av #S140 Chicago, IL 60614 Richard A. & Ann E. Gallagher 721 Ceder St. Walpole, MA 02081 Adam Glick & Denise Scraton 155 East 72R' St. # 13 -B New York, NY 10021 Thomas H. & Cynthia J. Bonafair 6312 Dorado Beach NE Albuquerque, NM 87111 Marshall Cohen & Ellen J. Brooks 5 Country Club Dr. Larchmont, NY 10538 Opl7 Maria L. Zodda Georgia & Charles Adams 3 Dionis Beach Road 233 Greens Farm Rd, Nantucket, MA 02554 Westport, CT 06880 Michael A. Neff Swift Rock Property LLC 5 West 86s' Street 241 Perkins Street Unit D 101 New York, NY 20024 Jamaica Plain, MA 02130 Bart A. & Leslie K..Grenier, Trst William V. Haddon, Trst et al 24 Commonwealth Ave. #3 P.O. Box 247 Boston, MA 02116 Nantucket, MA 02554 Susan B. McCollum, Trst, et al Paul M. & Allison G. Rosso 48 West Moreland Rd. 12 St. Lukas Place St. Louis, MO 63108 New York, NY 10014 Town of Nantucket Donald R. Finley 16 Broad St. 39 Overlook Rd. Nantucket, MA 02554 Lattington, NY 11560 Ronald D. & Linda S. Wolf, Tr 2550 N. Lakeview Av #S 140 Chicago, IL 60614 Richard A. & Am E. Gallagher 721 Cedar St. Walpole, MA 02081 Adam Glick & Denise Scruton 155 East 72" ° St. # 13 -B New York, NY 10021 Thomas H. & Cynthia J. Bonafair 6312 Dorado Beach NE Albuquerque, NM 87111 Marshall Cohen & Ellen J. Brooks 5 Country Club Dr. Larchmonl, NY 10538 COPY 'I o�p4apNTOCh'Ffy9N ' yco`61 Planning and Land Use Services 9paRAI March 24,2014 Olof Clausson 30 Eel Point Rd. Nantucket, MA 02554 Dear Mt. Clausson, Your request for work, and for Certificates of Occupancy for previously approved work, at 30 Eel Point Rd. (lldap# 40, Parcel# 44.1) cannot be processed at this time for the following reason(s): An amended as -built site survey showing the complete ground coverage for the "open cabana ", constructed under permit #170 -12, is required. If you are aggrieved by this denial, you may file appeal with the Zoning Board of Appeals witivn diirX (30) days of the date of the notice. i Mdreus Silverstein Zoning Enforcement Officer Town of Nantucket 2 Fairgrounds Road • Nantucket, hLl 02554 • 508 - 228 -7298 facsimile C o�t�pNTUC/�- �.T�9u' N yc�9poRp'f TOWN OF NANTUCKET BOARD OF APPEALS RECL Ln NANTUCKET, MASSACHUSETTS Date: December 12, 2014 To: Parties in Interest and Others concerned with the Decision of The BOARD OF APPEALS in the Application of the following: Application No: 31 -14 Current Owner /Applicant OLOF CLAUSSON 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 be given to the Town Clerk so as to be received within such TWENTY (20) days. Eleanor W. Antonietti, Zoning Administrator cc: Town Clerk 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 - 325 -7587. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 40, Parcel 44.1 30 Eel Point Road Limited Use General — 2 DECISION: Book 1327, Page 244 Plan File 48 -0 Lot 4 1. At a public hearing of the Nantucket Zoning Board of Appeals was opened on Thursday, June 12, 2014, at 1:00 P.M., and closed on Thursday, July 10, 2014, at 1:00 P.M., at 4 Fairgrounds Road, Nantucket, Massachusetts. At the hearing on Thursday, July 10, 2014, the Board made the following decision on the application of OLOF CLAUSSON, c/o Reade, Gullicksen, Hanley, Gifford & Cohen, LLP, 6 Youngs Way, PO Box 2669, Nantucket, Massachusetts 02584, File No. 031 -14: 2. Appellant brings an appeal pursuant to Nantucket Zoning Bylaw Sections 139 -29 and 139 -31. Applicant requests that the Zoning Board of Appeals overturn the decisions of Zoning Enforcement Officer to deny a Building Permit and Certificate of Occupancy by making a determination that the open portion of a pool cabana is a porch or gazebo, and, therefore does not count towards ground cover. To the extent necessary, and in the alternative, Applicant seeks Variance relief pursuant to Section 139 -32 from the definition of ground cover pursuant to 139 - 2.A and/or ground cover requirements pursuant to 139 -16. The Locus is situated at 30 Eel Point Road, is shown on Nantucket Tax Assessor's Map 40 as Parcel 44.1, as Lot 4 on Plan File 48 -0, and evidence of owner's title is recorded at Book 1327, Page 244 on file at the Nantucket County Registry of Deeds. The property is zoned Limited Use General 2 (LUG -2). 3. Our decision is based upon the application and accompanying materials, representations, and testimony received at our public hearing. There was no Planning Board recommendation on the basis that no matters of planning concern were presented. There were no letters in favor of or in opposition to the application. 4. Attorney Steven Cohen represented the Applicant at both hearings. Attorney Cohen explained to the Board that the Appellant is appealing the Decision of the Zoning Enforcement Officer ( "ZEO "), or, in the alternative requesting relief by Variance to allow an overage in ground cover that would result if the ZED ruling is upheld. In a letter dated March 24, 2014, the ZEO denied of a Certificate of Occupancy ( "CO ") and a new Building Permit without submission of an amended as -built showing the complete ground coverage of the "open cabana" constructed under permit #170 -12. The As -Built submitted to the Building Department designates the structure as an "Open Air Cabana", and therefore does not include approximately 630 square feet in the overall Ground Cover ( "GC ") calculations. A CO was denied for Building Permit #170 -12, originally issued to 2 build a 684 SF "Open Cabana with 1/2 Bath and Fireplace ". The permit specifically states that only 54 square feet of the cabana were to be considered as ground cover. Applicant states that the unenclosed portion of the cabana does not meet the ground cover calculation criteria of the bylaw. The portion of the structure which is open on its sides should be considered to constitute an unenclosed porch and, accordingly, under the definition of "Ground Cover ", be excluded from the calculation towards Ground Cover Ratio. Applicant described the structure as entirely open on virtually all sides with a small wall for a chimney on one side and a 54 square foot walled -off bathroom and changing room on the other. The use of the structure is exclusively for passive recreation. According to the Applicant, the structure could be considered a gazebo or a porch with an attached bathroom. Zoning Enforcement Officer Marcus Silverstein was also present at both hearings. Mr. Silverstein asserted that the entire 684 square foot structure, an "open cabana" of which 54 square feet are enclosed interior space used as a half bath/changing room, should count towards ground cover. He cited Definition of Ground Cover found in Section 139 -2 of the Nantucket Zoning Bylaw, as amended by the unanimously passed Article 68 at 2014 Annual Town Meeting, is: 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, substantially below grade finished or unfinished space, decks and unenclosed porches not over or under an enclosed interior space, gazebos, 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. 5. At the close of the initial hearing on June 12, 2014, the sitting Board members decided to make a site visit to more closely examine the structure. Each sitting member of the Board and a member of the Planning and Land Use Services staff made separate Site Visits to the premises prior to the second hearing on July 10, 2014. At the reopening of the hearing on July 10, 2014, the Board discussed their observations and arrived at a consensus that the pool cabana does not fit the definition of a structure exempt from counting towards ground cover, such as an unenclosed porch or a gazebo, and that said structure constitutes a substantially enclosed space. 6. Therefore, after a discussion with the Applicant's attorney and the ZEO, the sitting members of the Board found that, when applying the plain language of the amended statute, it is their understanding that, pursuant to the definition of ground cover as the horizontal area of a lot covered at grade by structures, together with those portions of any overhangs which contain enclosed interior space, the area of the structure that is the subject of the appeal should be counted towards the calculation of the parcel's total ground cover ratio. The classification of the space does not fall within an exception to ground cover within the expressed language of the Bylaw. 3 7. Accordingly, by unanimous vote, the Board of Appeals made the following motions to: (a) Uphold the determination of the Zoning Enforcement Officer that the open portion of the pool cabana would constitute ground cover; and, (b) Deny the requested VARIANCE, pursuant to Nantucket Zoning By -law Section 139 -32, for relief from the definition of ground cover pursuant to 139 -2.A and/or ground cover requirements pursuant to 139 -16. SIGNATURE PAGE TO,FOLLOW Assessor's Map 40, Parcel 44.1 30 Eel Point Road Limited Use General — 2 Dated: I)t(Q NAt a It, 2014 Book 1327, Page 244 Plan File 48 -0 Lot 4 14 /44 W�, , � � Michael Angelastro COMMONWEALTH OF MASSACHUSETTS Nantucket, ss On the day of 2014, before me, the undersigned notary public, personally appeared 15 d W -Mo Lt , one of the above -named members of the Zoning Board of Nantucket, Massachusetts, personally known to me to be the person whose name is signed on the preceding document, and acknowledged that he signed the foregoing instrument voluntarily for the purposes therein expressed. C?f ktv () (/ Nota Public: LYNELL D. VOLLANS My Commission « es: Notary Public Commonwealth of Massachusetts My. Commission Expires December 28, 20J8