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Home My WebLink About029-88i dad - �?1;? TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 7U(4 1j, 1991IF51 Re: Decision in the Application of -- S� �c42� � F P-6 D 'F _ S0.&v c) 2.J , = . , E � UU �2D p,-No �y� �-CC�, S. r-OW ES , C: F 01 1� N c if- w t+Pno2 r=- SST C o Z9 -?&) I c Wrl C A� Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 RE: April 8, 1988 Decision in the Application of ALFRED F. SANFORD, III, EDWARD J. SANFORD AND JEANETTE S. FOWLKES,TRUSTEES OF OLD NORTH WHARF TRUST (029 -88) The Board of Appeals, at a public hearing held on Friday, July 8, 1988 at 1:30 P.M. in the Town and County Building, Nantucket, voted to accept the plan attached as Exhibit A hereto as a minor, technical modification of the floor plans previously submitted to the Board in connection with the above - referenced decision, on the understanding that there be no coin - operated laundry services in the structure and that only the owners, employees and tenants of Old North Wharf Company be entitled to use said washer /dryer facilities. It being the understanding of the Board that laundry service personnel will not be provided for a fee or to the general public. DATED: July'?'T 1988 Nantucket, Massachusetts 02554 cc: Building Commissioner Planning Board Town Clerk C. �M Ys�all dew William R. Sherman, Chariman Boa A pal �e Fir ��uaC e r,0 d 5 e✓ ei G�ter NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 25, 1988, at 1:30 p.m. in the TOWN AND COUNTY BUILDING, FEDERAL AND BROAD STREET, NANTUCKET, on the Application of Alfred F. Sanford, III, Edward J. Sanford and Jeannette S. Fowlkes, Trustees of OLD NORTH WHARF TRUST (07-1-88) seeking SPECIAL PERMIT under SECTION 139 -33A to allow the construction of a 22' x 16' single story structure for office or retail use. Structure will comply with setback and around cover requirements. The premises are located at Old North Wharf, Assessor's Parcels 42.3.1 - 29, 30, 32, 33, Land Court Plan 10,222 -C, Lots 2, 3, 5 and 7 and Assessor's Parcel 42.3.1 - 225 Land Court Plan 10,223 -A, zoned RESIDENTIAL COMMERCIAL. At,&Ieu) Chairman BOARD OF APPEALS srm #32 ISOA Form 1 -37 APPLICATION NANTUCKET 'ZONING BOARD OF APPI ?AL.S ( "130A ") No. 0�2 Alfred F. Sanford III, Edward J. Sanford and Jeannette S. Fowlkes, Trustees `)wner's name(s): of Old North Wharf Trust u /d /t dated 10/20/78 `ailing address: Zero Washington Street, Nantucket, Massachusetts 02554 \ppli.cant's name Same Mailing address: Same _ I.oca t ion of lot(s): Assessor's map and parcel: 42-3.1 - 225, 29, 30, 32, 33 Street address Old North Wharf and Registry LC PI,, 1(},223 -A & LC PL 10,'222 -C LoL 2, 3, 5 6 7 irxxi ref. 8655 Subdivision Endorsed /_ /_ ANR7 IiaLe lot(s) acquired: 11/29 /78 "Zoning district RC 'dumber of dwelling units on lot(s): 11 Rental guest rooms "ommercial use on lot(s): None MCD? 1�11ilding date(s): all pre -'72 zoning? or Building permit application Nos. and dates C of 07 _ case No(s). or dates all prior BOA applications: ;tale fully all zoning relief sought together with all respective Code sections andl,subsections, specifically, what you propose compared with present and what grounds you urge, for BOA to make each finding per Section 139 -32A if Variance, -30A if Special Permit, -33A if to alter or extend non - conforming; use!, or to reverse Building Inspector by-,-Appeal per -31A & B: Tlte-Applicant requests a Special Permit under Section 139• -33A to add a single -story 22'x16' ._ structure for office or retail use as shown on attached plans. The building will not violate setback br groundcover requirements. I:nclospres forming part of this Application: Supplement to above Sitb /plot plan(s) x with presenL /proposed structures X Locus map x Floor plans present /proposed x Appeal,record Needed: areas frontage setbacks CCR% parking data Assessor's certified addressee list (4 sets) .x Mailing Labels' (2..sets)X_ Fee check for $150.00 payable to Town of Nantucket x ?'Cap" covenant I certify that the requested information submitted is substantially complete and'Lruo to l t o 1 knowledge, under pains and penalt•ies'of perjury. ig;naCure: Applicant Attorney /agent If not owner, s ow basis/ for authority to apply:) i FOR OFFICE USE .Application copies received: 4`(or only -L Z) for BOA 3/y a by C AQ One copy given Town Clerk_ /y" /— by — C plete? �— One'copy sent to Planning Board and to Building Dept. by $150.00 check given Town Treasurer _)2 by Notices of hearing posted ZZL/�,/ mailed a / ,2(�published I — Hearin�(s) held on — /_ /— continued to _ / — / —, — / —/_ withdrawn? _ / —/- hecision made —/—/— filed with Town Clerk /_ /_ mailed ice related files: dpplication - litigation - other I I i r �i 1 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April 9' , 1988 Re: Decision in the Application of ALFRED F. SANFORD, III., EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST (029 -88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. cc: Building Commissioner Planning Board Town Clerk William R. Sherman, Chairman BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on MONDAY, MARCH 2$, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of ALFRED F. SANFORD, III. EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST (029 -88) address Old North Wharf, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter and extend a non - conforming use of the premises, namely, to add a 16' x 22' single -story office building at the southeast- erly end of the landfill portion of the wharf in Lot 5. The premises are located at OLD NORTH WHARF off Easy Street, Assessor's Parcels 42.3.1- 29, 30, 32 and 33, which are respectively Lots 2, 3, 7 and 5 on Land Court Plan 10,222 -C dated 6/18/88, and Assessor's Parcel 42.3.1 -225 which corresponds to the landfill portion of a lot shown on Land Court Plan 10,223A, Sheet 2, dated 5/28/24, all now zoned Residential ,Commercial 2. Our findings are based upon the Application papers including copies of the above -cited Land Court Plans and Assessor's map, and plans dated 1/31/88 of the proposed office (our Exhibit "A -1 "), viewings and correspondence, also North Wharf Site Plan dated 3/24/88 (our Exhibit "A -211), and representations and testimony received at our hearing. We are mindful of proposed zoning articles in the 1988 Annual Town Meeting warrant, applicable to Applicant's proposal except to the extent amended or defeated at Town Meeting or disapproved by the Attorney General. Specifically, Article G would upzone the wharf to RC -2 and Article F would exclude Nantucket harbor basin areas shown on Land Court Plan 10,223 -A from the reckoning of permissible ground cover ratio and, most pertinent to the present Application, Article I (47) would amend Section 139 -18I to require one off - street parking space for each 3 employees in a real - estate office use, also Article J would require siting the proposed office with a 100 -foot setback from the easy Street Basin water's edge, i.e., a distance from the northerly lot line greater than the width of the lot to its southerly boundary. Any relief granted here is subject to o� Se 43, so lo`" ° °� A °yse ti °� 01 �a�a o4e1' a , mil, co�sti P 5es5 s ti0�� tcel rti4 4e"� ��°i .��1 also 41yca o� C, a ego � ° t�,a Jra s °t 0 1 S� ire e � re 1 °t Q,sses ,`L°' •� • a W o et 3.1 15. e tee as lar 4 5.1 4 NIL a 9 be Co�ttC �,� tiS L"ti •S .11.1 b 5 C t et mar 10��ti � �3.1 -�� 4 b .0lo � itte s LC eet of o� co \N�obey�� a ze4te a�� e S� , s �' most bate VA, a00 0 e a °�`tra� X00 tits Usm °t e te8 + ait� 4t eb Jy1a1�e %0° as et v 1161 Or t° e t`� i �� s o0 ire latex �teay� a�U�yts �licattioo a`4 eley e•�•) a1��r�se4e'c'�e'c b ot�e�1y11�trtis hat c°m41et °,4s a�a last �c c° ,t, yr el l� sr bti t 1s lea e of d Ups m tis 23, A �� `` 1Y tit s a1s° a C e sec co °t 0 2 �e tVe - d War t is �, 1 1a � co << a If 441yca�`lycaty °�� 41a�<<asy Sra4es o ire te,, ire A41a�a Co to °�yts`` , tre ui1a1,�$sJ�s ° tiro oV'Q l� 102 e�allY, o`c'�' S 41ar `'YetU o�t�� Sy�ce stir °�. , S y�1� LC �1 , or1Y c feet . �, wa Jrse1 "ti O,& Cof of St tt01r c° tesp was of easy o��o °11 cot ,tie CJ` 1 t° , c e o J�yts licC, access nq,' °tee rete tses• on ardte,egistel1e� , xl500\90 we1ly��e 4atk tre 43C) ,33Q+ of tre e eleven �s1g, 4t ctyo�l ltat Js t t,�1e o a1 ba as�wa Seo�1r� s a�ytyon Boa Seasa�tacre`d ys ara Z 1� a oot o unit gat J��e, 4 • test, a atf Dame ice, 441yca�'�` drat god 1 • `�1 Jb °� sat at elf b tre �stytut sri4 c member b Co ember club ar ate m rat t 4t1v e�'ts „ot es (029 -88) -3- parking space should meet its requirements. Unless the Wharf Rat is chacacterized as a recreational facility or place of assembly, the parking requirements Section 139 -18I does not mandate more than one space for it. We find that Applicants' North Wharf Site Plan, Exhibit "A -2 ", shows 14 parking spaces which are adequate, on the basis of these representa- tions, to support grant of the relief sought here. The office requires 2 parKing spaces (plus one more for a real - estate office use if Article I- 47 is enacted), and 11 spaces are required for the 11 dwelling units. In addition to the 14 spaces shown on Exhibit "A -2 ", additional parking areas are available, subject to meeting the 20% open area requirement. 5. In addition to Applicants' uses requiring parking spaces, they have historically accommodated parking needs of abutters with at least 5 spaces. Counsel for Applicants represents that Applicants are under no legal obligation to set aside these 5 or more spaces on a continuing basis, that use of such spaces has been effectively on a tenancy -at -will basis subject to termination at Applicants' discretion. Otherwise, relief here would be in doubt in view of the additional parking requirements for the proposed office. 6. Applicants' alternative proposal of a retail use stands with- drawn without prejudice. They ask relief now for an unrestricted office use of the premises uncluding real estate. Most likely, the office will be used to handle rental of their Old North Wharf units, with a licensed real- estate broker in the office able to handle other matters. Foreseen is further development of commercial ana perhaps residential uses of the wharf property, not yet before us. 7. Hearing no objection to the relief sought, and on the basis of the foregoing, we find that such relief would not be substantially more detrimental to the neighborhood but in harmony with the general purpose and intent of the zoning chapter, subject to the following conditions: (1) Counsels' representations with respect to off - street parking space rights and requirements of the abutters and Wharf Rat club, noted above, are correct; 1 (029 -88) -4- (2) any licensed real estate agent office on the premises will waive and forego any rights to a resident parking permit as set forth in Section 130 -6A of the Code of the Town of Nantucket; (3) that said office use be used only in conjunction with the Old North Wharf rentals and sales and not real estate business in general; (4) the Wharf Rat club would not require more than one parking space; and (5) that there be no further parking requirements beyond what the current uses engendered and that all setback and ground cover require- ments be adhered to. 8. Subject to the foregoing conditions, this Board GRANTS to Appli- cants the requested SPECIAL PERMIT under SECTION 139 -33A to construct and use the proposed 16' x 22' office in substantial conformity to Exhibit "A -1" and "A -211 . Dated: April ?/, 1988 Nantucket, MA 02554 RECFF",'7',r) TOWN CLERK'S NANT(1(> , -- r"% 025b4 NOV 2 5 1996 CL_ERK:___!_-✓_r_--- V10'�'' �S Lo (,a a ;o , S Pit . 2 rd otv Wil ' m R. Sherman Dorothy D. Vollans Q'A 0_'t - ) _" — - C. Ma shall Be l le TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 April F , 1988 Re: Decision in the Application of ALFRED F. SANFORD, III., EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST (029 -88) Enclosed is a notice of the Decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be filed within twenty (20) days after this date. William R. Sherman, Chairman BOARD OF APPEALS cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on MONDAY, MARCH 2$, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of ALFRED F. SANFORD, III. EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST (029 -88) address Old North Wharf, Nantucket, MA 02554. 1. Applicants seek a SPECIAL PERMIT under SECTION 139 -33A of the Zoning By -Law to alter and extend a non - conforming use of the premises, namely, to add a 16' x 22' single -story office building at the southeast- erly end of the landfill portion of the wharf in Lot 5. The premises are located at OLD NORTH WHARF off Easy Street, Assessor's Parcels 42.3.1- 29, 30, 32 and 33, which are respectively Lots 2, 3, 7 and 5 on Land Court Plan 10,222 -C dated 6/18/88, and Assessor's Parcel 42.3.1 -225 which corresponds to the landfill portion of a lot shown on Land Court Plan 10,223A, Sheet 2, dated 5/28/24, all now zoned Residential,Commercial. 2. Our findings are based upon the Application papers including copies of the above -cited Land Court Plans and Assessor's map, and plans dated 1/31/88 of the proposed office (our Exhibit "A -1 "), viewings and correspondence, also North Wharf Site Plan dated 3/24/88 (our Exhibit "A -2 "), and representations and testimony received at our hearing. We are mindful of proposed zoning articles in the 1988 Annual Town Meeting warrant, applicable to Applicant's proposal except to the extent amended or defeated at Town Meeting or disapproved by the Attorney General. Specifically, Article G would upzone the wharf to RC -2 and Article F would exclude Nantucket harbor basin areas shown on Land Court Plan 10,223 -A from the reckoning of permissible ground cover ratio and, most pertinent to the present Application, Article I (47) would amend Section 139 -18I to require one off - street parking space for each 3 employees in a real - estate office use, also Article J would require siting the proposed office with a 100 -foot setback from the easy Street Basin water's edge, i.e., a distance from the northerly lot line greater than the width of the lot to its southerly boundary. Any relief granted here is subject to (02a -88) 1 -3- parking space should meet its requirements. Unless the Wharf Rat is chacacterized as a recreational facility or place of assembly, the parking requirements Section 139 -18I does not mandate more than one space for it. We find that Applicants' North Wharf Site Plan, Exhibit "A -21', shows 14 parking spaces which are adequate, on the basis of these representa- tions, to support grant of the relief sought here. The office requires 2 parKing spaces (plus one more for a real - estate office use if Article I- 47 is enacted), and 11 spaces are required for the 11 dwelling units. In addition to the 14 spaces shown on Exhibit "A -2 ", additional parking areas are available, subject to meeting the 20% open area requirement. 5. In addition to Applicants' uses requiring parking spaces, they have historically accommodated parking needs of abutters with at least 5 spaces. Counsel for Applicants represents that Applicants are under no legal obligation to set aside these 5 or more spaces on a continuing basis, that use of such spaces has been effectively on a tenancy -at -will basis subject to termination at Applicants' discretion. Otherwise, relief here would be in doubt in view of the additional parking requirements for the proposed office. 6. Applicants' alternative proposal of a retail use stands with- drawn without prejudice. They ask relief now for an unrestricted office use of the premises uncluding real estate. Most likely, the office will be used to handle rental of their Old North Wharf units, with a licensed real- estate broker in the office able to handle other matters. Foreseen is further development of commercial anj perhaps residential uses of the wharf property, not yet before us. 7. Hearing no objection to the relief sought, and on the basis of the foregoing, we find that such relief would not be substantially more detrimental to the neighborhood but in harmony with the general purpose and intent of the zoning chapter, subject to the following conditions: (1) Counsels' representations with respect to off - street parking space rights and requirements of the abutters and Wharf Rat club, noted above, are correct; (029 -88) 1 -3- parking space should meet its requirements. Unless the Wharf Rat is chacacterized as a recreational facility or place of assembly, the parking requirements Section 139 -18I does not mandate more than one space for it. We find that Applicants' North Wharf Site Plan, Exhibit "A -2 ", shows 14 parking spaces which are adequate, on the basis of these representa- tions, to support grant of the relief sought here. The office requires 2 parKi.ng spaces (plus one more for a real- estate office use if Article I- 47 is enacted), and 11 spaces are required for the 11 dwelling units. In addition to the 14 spaces shown on Exhibit "A -2 ", additional parking areas are available, subject to meeting the 20% open area requirement. 5. In addition to Applicants' uses requiring parking spaces, they have historically accommodated parking needs of abutters with at least 5 spaces. Counsel for Applicants represents that Applicants are under no legal obligation to set aside these 5 or more spaces on a continuing basis, that use of such spaces has been effectively on a tenancy -at -will basis subject to termination at Applicants' discretion. Otherwise, relief here would be in doubt in view of the additional parking requirements for the proposed office. 6. Applicants' alternative proposal of a retail use stands with- drawn without prejudice. They ask relief now for an unrestricted office use of the premises uncluding real estate. Most likely, the office will be used to handle rental of their Old North Wharf units, with a licensed real- estate broker in the office able to handle other matters. Foreseen is further development of commercial anJ perhaps residential uses of the wharf property, not yet before us. 7. Hearing no objection to the relief sought, and on the basis of the foregoing, we find that such relief would not be substantially more detrimental to the neighborhood but in harmony with the general purpose and intent of the zoning chapter, subject to the following conditions: (1) Counsels' representations with respect to off - street parking space rights and requirements of the abutters and Wharf Rat club, noted above, are correct; (029 -88) 1 -4- (2) any licensed real estate agent office on the premises will waive and forego any rights to a resident parking permit as set forth in Section 130 -6A of the Code of the Town of Nantucket; (3) that said office use be used only in conjunction with the Old North Wharf rentals and sales and not real estate business in general; (4) the Wharf Rat club would not require more than one parking space; and (5) that there be no further parking requirements beyond what the current uses engendered and that all setback and ground cover require- ments be adhered to. 8. Subject to the foregoing conditions, this Board GRANTS to Appli- cants the requested SPECIAL PERMIT under SECTION 139 -33A to construct and use the proposed 16' x 22' office in substantial conformity to Exhibit "A -1" and "A -211. Dated: April 1988 Nantucket, MA 02554 Wil i m R. Sherman Dorothy D. Vollans C. Ma shall Be le