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Home My WebLink About096-88MMINS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 CLARIFICATION OF DECISION: The BOARD OF APPEALS, at a public meeting held on FRIDAY, DECEMBER 9, 1988, at 1:00 P.M., at the Town and County Building, Federal and Broad Streets, Nantucket, made the following clarification of the Decision dated October 12, 1988, upon the Application of ALFRED F. SANFORD III, EDWARD J. SANFORD AND JEANNETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF, as Lessees, and SHERBURNE ASSOCIATES REALTY TRUST as Owner (096 -88). The Decision is modified by inserting the following new Paragraph 4A: 4.A. In the light of the pre- zoning, long -term lease referred to in Paragraph 4, we find the relief requested is de minimis with regard to its effect upon the adjacent land of the Owner, and consider this Application with regard only to Lot 6 which is before us and not with regard to adjacent land of the Owner. Dated: 1988 W — itTj:am R. Sherman C. Ma shall Bea e lu ': l 6 ;-- Ann, ,C:_) Balas Peter F. Poole " vid J D Le g : t NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02SS4 October il, 1988 File No. 096 -88 To: Parties in interest and others Re: Decision in the Application of ALFRED F. SANFORD III, EDWARD J. SANFORD and JEANETTE S. FOLWKES, TRUSTEES, OLD NORTH WHARF TRUST, for themselves and lot owner SHERBURNE ASSOCIATES REALTY TRUST Enclosed is the decision of the Board of Appeals which has this day been filed with 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 court within twenty (20) days after this 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. William R. Sh99erman, Chairman cc: Building Commissioner Planning Board Town Clerk BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 At a public hearing on Friday, September 23, 1988, at 2:30 p.m. in the Town and County Building, Nantucket, on the Application (096 -88) of ALFRED F. SANFORD III, EDWARD J. SANFORD and JEANETTE S. FOWLKES, TRUSTEES, OLD NORTH WHARF TRUST under deed of trust dated 10/20/78, for themselves as leasees and for the lot owner SHERBURNE ASSOCIATES REALTY TRUST, each with an address at Zero Main Street, Nantucket, MA 02554, the Nantucket zoning Board of Appeals made the following DECISION: 1. Applicants seek a Special Permit under zoning Bylaw Section 139 -33A to alter and extend their nonconforming single - family dwelling. They propose, in the course of renovating the building, to construct an 8' x 12' single -story addition on the northwesterly corner to accommodate an expanded bedroom ( #3). 2.The premises are located at 41 Old North Wharf, Assessor's Parcel 42.3.1 -034, Land Court Plan 10,222 -C, Lot 6, zoned Residential - Commercial. 3. Our findings are based upon the Application papers including the above -cited Land Court Plan, 10/1/66 50 -year lease and a marked -up partial copy of Old North Wharf site plan, correspondence, viewing, and plans (marked our Exhibit "A") of the existing and the renovated building, plus representations and testimony received at our hearing. 4. From these, we find that undersized (580 SF) Lot 6 pre -dates mid -1972 enactment of zoning. It adjoins other, very extensive land of the owner, to the south. At the 10/1/66 date of the lease, Lot 6 was described as bounded easterly by the bulkhead [facing Nantucket Harbor] and is thus shown on the Land Court Plan. However, on the marked -up site plan, the "wood bulkhead" is shown located eastwardly not only of Lot 6 but also of Applicant's 24' x 32' building which straddles the easterly lot line. About two - thirds of the building's footprint is thus over water and outside the bounds of Lot 6. While no precise figure is of record, present ground cover ratio is estimated at or near 30 %. In any event, the building is nonconforming for lack of required side and rear lot -line setbacks but pre -dates zoning. 5. Ordinarily under Bylaw Section 139 -33A, a nonconforming single - family residence is entitled to an exemption from the impact of zoning or upzoning for alterations and extensions. But that only applies when the change does not File No. 096 -88 increase the nonconforming nature of the structure. Here, we assume that Applicants do not rely on the exemption because of the increase in ground cover. Enlargement at the easterly end of the building, replacing an open porch with 1 -1/2 stories of enclosed space, does not clearly present a zoning question since that portion of the building appears not to be within a "lot" although perhaps within a portion of the zoning district. [The Assessor's data book lists Lot 6 area as 1576' but nothing in this record shows that it has been legally enlarged.] 6. Applicant and the owner represent that Lot 6 has, since prior to zoning, been treated as separate and apart from the owner's extensive parcel to the south. Since the only zoning question raised by the 96 SF addition on the northwesterly corner of the house is with respect to possible excess of ground cover and that appears de minimus, we are able to find Applicant entitled to the relief requested. In the lanquage of Section 139 -33A, where the existing building violates rear and side lot -line setbacks but the nonconformity is not to be made more nonconforming, we have simply to find that the extension will not be substantially more detrimental to the neighborhood. Here, the only opposition voiced appears concerned with possible impact of Applicant's major commercial development of Old North Wharf, currently before the Planning Board, and whether the owner of Lot 6 concurs in the relief requested. Counsel for the owner confirmed that concurrence at the hearing. 7. We further find that the requested relief is in harmony with the general purpose and intent of the zoning Bylaw. 8. Accordingly, by unanimous vote, this Board grants to Applicant the requested Special Permit under Section 139 -33A to construct the 96 SF addition in conjunction with renovating their single - family dwelling in substantial conformity with Exhibit "A ". Dated October 1.4 1988 C. Ma shall Beale Aav11d/,'J�.Pt:regaflWt r he an %. /ri �0 Ann /� Bala Peter F. Dooley - 2 - NANTUCKET ZONING BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 September 6, 1988 NOTICE A public hearing of the Board of Appeals will be held on Friday, September 23, 1988, at 2,:30 p.m. in the Town and County Building, Nantucket, on the Application of: ALFRED F. SANFORD III, EDWARD J. SANFORD AND JEANETTE S. FOWLKES, TRUSTEES OF OLD NORTH WHARF TRUST ud /d /t 10/20/78, for themselves as leasees and owner SHERBURNE ASSOCIATES REALTY TRUST, Board of Appeals File No.0% -88 seeking a Special Permit under Section 139 -33A to alter and extend a single - family dwelling, said to pre -date mid -1972 zoning, by constructing a 10' X 15' single -story addition on the westerly corner. The premises are at 41 Old North Wharf, Assessor's Parcel 42.3.1 -034, Land Court Plan 10,222 -C, Lot 6, zoned Residential - Commercial. If the 1,576 SF lot is a "lot of record ", allowable ground cover is 30 %, i.e., 472.8 SF. The proposed 150 SF addition will correspondingly increase ground cover from the present 5-7(o SF. Lot 6 may have been in contiquous ownership. William R. She n, Chairman IWA Form 1 -87 APPEICA'1'7ON NANTUCKET "ZONING BOARD O1-' APPEALS ( "BOA ") Owner's name(s): Sherburne Associates Realty Trust `1ai.ling address: Zero Main Street, Nantucket, MA Ajlg� F. Sgnf rad III, Ea_ an5oY08 7 eannett ow es, Trustees Appl i.cant' s name : off a Nort W�i f Trust u /t•dateaa lluu // U `lai_I i 11 address: Zero Washington Street, Nantucket, Massachusetts 02554 Location of lot(s): Assessor's map and parce1. :42.3.1 - 34 Street address 41 Old North Wharf, Nantucket Cert. Registry LC PL, PL BK & 1'G, PL I-'L 10,222 -C, _ 1,ot 6 AMNA ref . 12,975 Subdivision Endorsed / / ANIt "1 Lease old -- — — 1)ate talkf; acquired: q 10 /1 / 66 _7.oni.n }, cli.stricL RC Dumber of dwelling units on 1_ot(s): 1 _ Mental guest.- rooms Commercial use on 1.0t(s): None MCD? I;uilding date(s): all pre -'72 zoning? yes or Building permit application Nos. and elates _ C of 07 Case No(s). or dates all prior BOA applications: 'Mate fully all zoning relief sought together wi.Lh rill. respective Code sections and subsections, specifically, what you propose compared With present and what grounds you urge, for BOA to make each finding per Section 1.39 -32A if Variance, -3OA if Special Permit, -33A if to alter or extend non - conforming use!, or to reverse Building Inspector by,,,Appeal. her -31A R 13: i The applicant, holder s of a 50 -year lease, owns and maintains the existing structure. The conditionlof the existing structure is in need of repair and as part of that necessary renovatio the Applicant reg6ests,a Special PErmit under Section 139 -33A to add a single -story 10'x15' addition to the existing residence as shown on attached plan. The addition will not violate setback requirements for this lot and adds only 150 square feet of ground cover. h:nclosures forming part of this Application: Supplement Lo above Site /plot plan(s) x with present /propose(I sLructur.es X Locus slap X floor plans presenL /proposed _ Appeal record Needed: areas frontage setbacks GCR% parking data Assessor's certified addressee ].isL (11 sets) X Mailing labels) (2..sets)_X Fee check for $150.00 payable to Town of Nantucket X^ 'Cap" covenant I certify that the reNuesLed information SUbmi.tted is substanLi, ally complete and truo he est my 10 cl;e trader Mains acrd penalties of per.jury:. ture: App1.i.cant Attorney /agent X e $a D. i ric , squ�re -- (I f not owner, snow basis for auL iori.ty to aplAv. ) 1D15C C. 1 69 �L8 01 11i o Atibenturr. NIADF tl,e 1st tray of October in the year of our Lorrl one thousand nine hundred and sixty six. Cfdit1TC5$Ct1,l, Thar We, Walter Beinecke, Jr., Lawrence K. Miller and Lawrence W. Miller, doing business as Sherburne Associates, (a partner- ship) of the Town and County of Nantucket, Massachusetts, do hereby lease, demise, and let unto Hugh ;y Sanford, Jr., and Alfred F. Sanford, II, doing business as Old North Wharf Co. (a partnership) of 325 Valley Fidelity Building, Knoxville, in the County of Knox, State of Tennessee, the premises shown as Lot 6 on plan entitled "Subdivision of Land on Plan 10222A, Sherburne Associates, Certificate 4968, ,Tan. 26, 1966, Scale 1" == 201, Josiah S. Barrett, Gngr." to be filed in Nantucket Registry of Deeds, bounded easterly by the bullhead. 60 t)01b for the term of fifty (50) years day of nineteen hundred and yielding and paying therefor the rmxxdc yearly rent of a sum equal to the real estate taxes levied by the Town of Nantucket, each year of this lease. And said Lesscts do promise to pay the said rent in one sum annually on 1 Oct of each year beginning in 1967. The lessees are to have the right to remove any buildings constructed on said land, at the termination of this lease, returning the premises to the condition they were in at the start of this lease. Said leased premises are to be used for residential purposes only, and the lessees are to main- tain the bulkhead in its present condition at their expense. and to quit ❑nd deliver up the premises to the Lessors , Or their attorney, peaceably and tluictly, at the end of the Term, in as good order and ctuxliticm, reasonahlc use and wcariog thereof, fire and other un- avoiLhl& casualties exct pted, as the same mt\v arc, or may be put into by the said Lessors , and to pay the relit as above stated, during the teen, and also the rent as above stated, for such further tittle as tltc Lcssets nary hold the same, an(l not make or sullcr ;Illy waste thereof; nor (case, nor underlcr, nor permit any other person or persons to occupy or improve the same, or make or Suffer to he made any alteration therein, but with the approhation of the LessorS thereto, in writing, having bCCn first ohtained; and that the LcssorS may enter to view and make improvements, and to expel tite 1_cssces, if he shall fail to pay the rent as aforuald, m make or suffer any strip or waste thereof. Upon failure of the lessees to comply with any terms of this lease, written registered mail notice shall be given to the lessees and they are to have 30 days to correct same before any,action ,y be taken to terminate this lease. ,:bitti- '�1tU�3i(ik�l- 11i5G; r 1c <JcwH rycri- .- .JaiatNgefl -l+y Jit et.tlrYt�tnawti.lable - -t twttolty,- w. >- that -tltu- :tut.- 1to11_1x tluul>y�ctulurcl W4 ill 4tYic+ ta_&,lwtr'-: tucUIV- &us1 4�; a4';_ t44;,- zenr-- hore inb rfort-f:e+;ewedr�+;++j++ta{+ ++ catat+tfi«+e�t+l f. rr+: t- tl�eret, F- tt�= e�++. 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