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HomeMy WebLinkAbout089-841,5 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, NOVEMBER 30, 1984, at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ALFRED F. SANFORD, III., EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST (089 -84) seeking a VARIANCE from SECTIONS 5.1 and 5.3 (intensity regu- lations- set -back, ground cover) under SECTION 7H and a SPECIAL PERMIT under SECTION 4 (use regulations) under SECTION 7I.1 (an extension of a pre- existing non - conforming use) of the Zoning By -Law. If granted, the Applicants would be permitted to reconstruct their wharf to its original extent out into Nantucket Harbor and would be permitted to construct 19(nineteen) addition- al cottages on the new section of wharf. The additional cottages would be used for the same purposes as the present 10(ten) cottages, for short -term rental. The property is located at OLD NORTH WHARF, ASSESSOR'S PLAN 42.3.1 -225, 32,33, LAND ON 10223 -A, Lots 2, 39 5 and 7. PLAN 10222 -C and is zoned RESIDENTIAL - COMMERCIAL. 4dele L. Rickard, Chairman BOARD OF APPEALS FEE C, 100,00 Case No. 06-eq APPLICATION TO THE BOARD OF APPEALS Nantucket Massachusetts To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY -LAW) (BUILDING CODE) on property described below: ro Location of Property Old North Wharf (Assessors' Plan 42.3.1 -225, 32, 33) Land on 10223 -A; Lots Lot No. 2, 3, 5, and 7 Plan No. 10222 -C District is Zoned for Residential Commercial Type of structure ( Existing or Proposed) or proposed use: Wharf rental cottage: Alfred F. Sanford III., Edward J. Sanford, and Jeannette S. Owner's Name Fowlkes, Trustees of Old North Whaxzf-gust, _ Owner's Address Old North Wharf, Nantucket, Massachusetts When did you acquire this property? November 29, 1978 _ Has application been filed at Building Department? No. I;as any previous appeal been made? No. — Section of By -law or Code from which relief is requested :. Section 5 (Use Regulations); Sections 5.1 and 5.3 (Intensity Regulations) Reason for asking relief: See attached statement. Attorney for applicants.: TRUSTEES OF OLD NORTH WHARF TRUST Arthur I. Reade, Jr.(423 -4800) By: Satran Reade & Marino Signature of applicant 4,_ Cl , 168 Milk Str., Boston, MA 02109 Edward J. Sanford, Tr st ATT I�Cli: (1) A list of the names and addresses of each abutting owner. and owner abutting the abutters. (2) Check in the amount of made payable to the Town of Ge�iCS '1 Nantucket. A � G u.1�e�7 (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board dvertising dates V _ Hearing date Lecision of Board_ _ Decision filed with the I•own Clerk ADDENDUM TO APPLICATION BY TRUSTEES OF OLD NORTH WHARF TRUST TO NANTUCKET BOARD OF APPEALS The applicants herein, Alfred F. Sanford III, Edward J. Sanford, and Jeannette S. Fowlkes, as Trustees of Old North Wharf Trust, at present own certain contiguous parcels of land in common ownership, consisting of the land shown on Land Court Plan 10223 -A, minus Lot C on Plan 10169 -B; together with Lots 2, 3, 5, and 7 on Plan 10222 -C. These parcels of land include most of Old North Wharf, which was created during the whaling era by permanent and impervious barriers. At the end of the main part of the wharf are extensive ruins of the old wharf, which extend out several hundred feet into Nantucket Har- bor. It is said that these ruins supported structures which were de- stroyed by fire in the 1800's. There are at present situated upon the applicants' land ten cot- tages, to one of which is attached the building housing the Wharf Rats Club. The land has street frontage of 42.55 feet on Easy Street, and there is a travelled way upon the wharf which serves the individual cottages. Each of the cottages pre- exists, in its present structure and location,-both the acceptance of the subdivision control law in Nantucket in 1955 and the adoption of the Nantucket zoning by -law in 1972. These cottages, which each contain kitchen, bathroom, and sleeping facilities, are used by the applicants for mainly short -term rental purposes and can be best described as a "cottage colony ". The applicants, by this application, seek to secure zoning ap- proval for the reconstruction of their wharf to its original extent Page 1 of 3 and for the construction of additional cottages to be used for the same purposes as the existing cottages. The plans prepared by the applicants show nineteen additional cottages to be constructed on the reconstructed wharf. This would enable the historic restoration of an ancient landmark and would eliminate the inasesthetic character of the existing ruins. Accordingly, relief is sought from the following provisions of the zoning by -law: (a) Section 4, "Use Regulations ", which limits the number of residential dwelling units on a parcel to two, by virtue of Section 4A.1, applicable in Residential Commercial Districts by virtue of Sec- tion 4C.l.a. The applicants request that they be granted a special permit under Section 7I.1, for the extension of an existing non -con- forming use of the premises for multiple residential units (.10 cot - 30 tages) to a total of W cottages. (b) Sections 5.1 and 5.3, "Intensity Regulations ", which require 5 -foot setbacks from side and rear lot lines and limit ground cover to 50%. The applicability of these provisions to a wharf and cottages thereon appears to be dubious, since the wharf would neces- sarily require 100% coverage of the area it covers, with no setbacks, and the surrounding waters, and land beneath them, are in public ownership, subject only to the license rights which may be granted to the applicants. However, in order to eliminate any question or ambiguity as to the applicability of these provisions, request is hereby made for a special permit under Section 7I.1 (for extension of the structure on the basis that the non - conforming setback, now zero, will remain at zero, thus not becoming more non - conforming), Page 2 of 3 and for a variance under Section 7H on the basis that literal enforce- ment of the setback and ground coverage requirements with regard to the proposed improvements would involve substantial hardship to the applicants, owing to the peculiar circumstances affecting the struc- tures and land in question. Page 3 of 3