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