HomeMy WebLinkAbout069-13 14 Wood Hollow Rd/ John McDermott & Victoria Mc Mannush -.''R *f<F.Rrmyz
TOWN OF NANTUCKET r
BOARD OF APPEALS
NANTUCKET, MA 02554 v
File No. 6"i (% Map .:.1"L' Parcel
This egeeement to extend the time limit forth, Board o£Appeals to make a decision, hold a public hung, of C7
in take other action mnceming the application of: ! -'
I'musut to the provisions of the Acts of 1987, Chapter 08& amentI4 the State Zoning Act, Chapter 40A of
the Massachusetts Geveml Paws, Applieant(a) /Pedtioner(s) and the Zoning Bmed ofAppcsb hereby agree to
extend the time limit
'S For a public hearing on theapplia90D
For a carmen decision
o For other scan .r`:•: "• .. "'..1
Such application Is:
An appeal fame the decision ofavy, administrative official
Q A petition far a special pemtit
10 A petition for a vadance
O An extension
o A .diBcatio.
The new time Ernitshall bemidtight on (�f� 3[, dlG -K . :: 'whichisnoteadieethan
a time limit set by stamw or bylaw.
The Applicant (a), sttomey, or agent for the Applicant represented to be duty authodaed to actin dill mane
for the applioant m muting tbis agr t wives any nghts under die Nantucket Zoning Bylaw and the
Site Zonin3{,A ddad,t eft6 but to the entcat Jac o..latent with dtie agmcmeru.
1brAppuavtu
For ZomngHoud of App
.:.•: /� �O7/ Town Clerk Stamp:
P..tl'ecnve ]Yde o£Agt«mrnt
2 Fahgtounds Hoed Nantucket Massachusetts 82354
588 - 228.7215 telephone 388- 22847298 faesitstae
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TOWN OF NANTUCKET RC C
BOARD OF APPEALS 20 PF1 s `i5
NANTUCKET, MASSACHUSETTS 02554 U�;LT rU,f:.1 13 L��
Date: November 20, 2014
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No:
69 -13
Current Owner /Applicant: John McDermott and Victoria McManus
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 72 Parcel 11
14 Wood Hollow Road
Limited Use General 3 (LUG -3)
DECISION:
Certificate of Title No. 22786
shown as Lot 767
Land Court Plan 5004 -48
1. At a public hearing of the Nantucket Zoning Board of Appeals (hereinafter referred to as
"Board ") opened on October 10, 2013 at 1:00 p.m and closed on Thursday, June 12, 2014 at 1:00
p.m., in the Community Room at 4 Fairgrounds Road, Nantucket, Massachusetts 02554, the
Board made the following decision on the application of JOHN MCDERMOTT and
VICTORIA MCMANUS, c/o Vaughan, Dale, Hunter, and Beaudette PC, P.O. Box 659,
Nantucket, MA 02554, Board of Appeals File No. 069 -13:
2. Applicants are appealing a determination/interpretation made by the Zoning
Enforcement Officer (ZEO) regarding the definition of "ground cover" contained within Zoning
Bylaw Section 139 -2, as it pertains to open porches located over enclosed interior space. The
ZEO determined that a portion of an open porch located over a bulkhead that was abandoned and
converted to a subsurface wine cellar should be counted toward the overall ground cover for the
site, which would result in a ground cover ratio of approximately 3.04% where 3% is allowed.
The Applicant is requesting that the Board overturn said determination, make a finding that the
ZED ruling is inconsistent with the intent of the Bylaw, and make a determination that no relief
is necessary. In the alternative, the Applicant is seeking Variance relief pursuant to Zoning
Bylaw Section 139 -32 from the maximum ground cover ratio requirement contained within
Section 139 -16. The Locus is situated at 14 Wood Hollow Road, is shown on Tax Assessor's
Map 72 as Parcel 11, and as lot 767 on Land Court Plan 5004 -48. Evidence of owner's title is
recorded at Certificate of Title No. 22786 on file at the Nantucket County District of the Land
Court. The site is zoned Limited Use General 3 (LUG -3).
3. Our decision is based upon the application and accompanying materials, representation
and testimony received at our public hearing. A member of the Planning Board Staff made the
recommendation that the definition of ground cover was a matter of planning concern and that,
as such, a proposed change thereto, resulting specifically from this application, was the origin of
a Warrant Article voted upon at the 2014 Annual Town Meeting. There were no letters in favor
of, or opposition to, the application.
4. At the initial hearing on October 10, 2013, applicant was represented by Valerie B.
Norton who explained that the applicants had constructed an unenclosed porch over a bulkhead
which had been converted into a wine cellar. There is no living space over the bulkhead/wine
cellar which is completely underground. The subject structure was moved to the site in 2004
when a new foundation was poured and the subject basement access was covered by a Bilco
door. Subsequent additions and alterations were made to the structure with the basement access
2
clearly shown on various site and floor plans submitted to the Building Department. Substantial
alterations were begun in 2010, including the porch extension over the abandoned basement
access. A new walk -down basement access was sited on the rear side of the structure. Building
Permit No. 624 -10 was issued for various alterations, additions, and extensions. Said permit was
amended several times. The third requested amendment was to change the bulkhead to a
subterranean wine storage area with the extended open porch above it. It was at this point that the
ZEO made the ruling that the approximately 32.64 square foot portion of the former bulkhead,
now wine cellar, does count toward ground cover.
At the time of the initial hearing, the definition of ground cover found in Bylaw Section 139 -2
read 1:
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 above grader interior space,
gazebos, platforms and steps, game playing courts at grade, uncovered in- ground
residential swimming pools, chimneys, bulkheads including the associated stairways or
other substantially below grade features, 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.
The ZEO, Marcus Silverstein, was present at this hearing and acknowledged that, per said
definition, bulkheads do not count as ground cover. However, the portion of decking above the
bulkhead does count as ground cover, which results in the aforementioned overage.
5. At the close of the initial hearing on this matter, the Board decided to make a site visit to
more closely examine the former bulkhead. The Board and a member of the Planning and Land
Use Services staff visited the site on October 24, 2013. It was observed that a very small portion
of the bulkhead, while beneath the porch, was slightly above - ground. The applicant subsequently
requested a further continuance, pending the outcome of the 2014 Annual Town Meeting where
a change in the definition of ground cover was proposed with Article 68. This Article, which
passed unanimously, amended the definition of ground cover in Section 139 -2 to read as follows:
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.
6. At the re- opening of the hearing on June 12, 2014, the Applicants were represented by
Attorney Richard Beaudette. He explained that the Applicants are asking the Board to overturn
the ruling made by the ZEO and to make a finding that his ruling is inconsistent with the
amended definition of Ground Cover in Section 139 -2 and therefore no relief is necessary.
1 Prior to subsequent amendment thereto by virtue of passage of Article 68 at the 2014 Annual Town Meeting.
Specifically, Attorney Beaudette stated that in 2010, pursuant to a duly issued building
permit, the Applicants expanded the dwelling by adding a walk -down staircase for access to the
basement. As a result of the newly constructed stair case, the former bulkhead became obsolete
and was subsequently abandoned. The Applicants converted the abandoned subsurface bulkhead
space into a wine cellar rather than deconstructing or backfilling the space. Pursuant to an
authorized building permit, the Applicants removed the Bilco doors from the bulkhead and
constructed a new deck over it. The area occupied by the former bulkhead, now wine cellar,
contains approximately 32.64 square feet. The ZEO determined that said area should now be
included in the calculation of the parcel's total ground cover. This would result in the Applicants
having exceeded the maximum Ground Cover Ratio by a total of .04% as proscribed by the
Intensity Regulations in Section 139 -16.
The ZEO, Marcus Silverstein, was present at this hearing. He maintained that the deck is above
an enclosed interior space, the wine cellar, and therefore should count towards ground cover.
Members of the Board, remembering the site visit on October 24, 2013, stated that the wine
cellar is substantially below grade.
7. 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 "substantially below grade finished or unfinished spaces, decks... and
bulkheads" are not to be used as a factor in calculating the parcel's total ground cover ratio. The
space that the wine cellar is occupying is by definition a substantially below grade finished space
because it is completely underground and there is no part of the wine cellar substantially above
grade. The area occupied by the bulkhead in its previous form was not used as a factor in
calculating the parcels total ground coverage even when it contained a Bilco door and provided
access to the basement. The fact that the above grade Bilco door was removed and covered with
decking does not change the wine cellar's status as a substantially below grade space. While the
use of the subterranean space has changed from a bulkhead stair case to a substantially below
grade finished space, the classification of the space still falls within an exception to ground cover
within the expressed language of the statute, as was the intent of unanimously passed Article 68
which changed to the definition.
8. Accordingly, by a majority vote of FOUR in favor and ONE (McCarthy) opposed, the
Board of Appeals has made a determination to Overturn the ruling of the Zoning Enforcement
Officer relative to the square footage increase at 14 Wood Hollow Road and made the finding
that the underground wine cellar covered by a deck does not contribute to the ground cover
calculation and, therefore, no relief is necessary.
SIGNATURE PAGE TO FOLLOW
................................. ...............................
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Assessor's Map 72 Parcel 11
14 Wood Hollow Road
Limited Use General 3 (LUG -3)
Dated: �Jo Am b-t r
County of Nantucket, ss
Certificate of Title No. 22786
shown as Lot 767
Land Court Plan 5004 -48
Susan McCarthy (opposed)
Z_"" �
Michael An2elastre ;
Thayer
COMMONWEALTH OF MASSACHUSETTS
On the L� day of t-460_ Myt ( , 2014, before me, the undersigned notary public, personally
appeared fA A, ?_ Q_ , one of the above -named members of the
Zoning Board of Appeals olf 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/
Offic' 1 Signature and Seal of Notary Pu lic
My commission expires:
jz�l LYNELL D. VOLLANS
Notary Public
W Commonwealth of Massachusetts
My Commission Expires
December 28, 2018
S,