HomeMy WebLinkAbout074-90C - Y�
o '�7 L--f- 90
4 OF NANTUCKET
) OF APPEALS
MASSACHUSETTS 02554
Date: December /O , 19 90
Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:
Owner /Applicant:
074 -90
Alfred F. Sanford, III., Edward J.
Sanford and Jeanette S. Fowlkes, Trustees of Old North
Wharf
Enclosed is the Decision of the BOARD OF APPEALS which has
this day been filed in the office of the Nantucket Town
Clerk.
An Appeal from this Decision may be taken pursuant to
Section 17 of C�,aoter 40A, Massachusetts General Lat•,s.
Any action appealing the Decision must be brought by
filing an complaint in court within days after
this dav's date. Notice of the action with a cop of t,e
complaint and certified copy of the Decision must be ci'ven
to the Town Clerk so as to 'e received within. Such _ T' Y
(20) days.
ert Lea ter _ Chairman
cc: Town Clerk
Planning Board
Building Commissioner
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS, at a public hearing held on Friday,
November 16, 1990, at 1:00 p.m. in the Town and County Building,
Nantucket, Massachusetts, made the following Decision upon the
Application (74 -90) of ALFRED F. SANFORD, III, EDWARD J. SANFORD
and JEANNETTE S. FOWLKES, Trustees of OLD NORTH WHARF TRUST
u /d /t dated October 20, 1978, recorded as Document No. 20275 at
the Nantucket Registry District for the Land Court of Post
Office Box 2340, Nantucket, Massachusetts 02584 in connection
with the structure known as Nautilus on Old North Wharf:
1. Applicants seek a SPECIAL PERMIT under Section 139 -33A
of the Nantucket Zoning By -Law to alter and expand a
pre- existing non - conforming single - family dwelling. This
structure is one of seven dwelling units located on the solid
fill wharf used in conjunction with the four dwelling units
owned by the Applicants which are located on pilings and
connected by a system of catwalks to the solid fill wharf. The
Applicants propose to renovate the structure increasing its
ground cover and expanding it within the five foot setback from
the face of the existing bulkhead, but no closer to the edge of
the bulkhead than portions of the existing structure.
2. The premises are located at Old North Wharf, Assessors
Map 42.3.1, Parcel 225 and shown on Land Court Plan No. 10223 -A,
Zoned RESIDENTIAL - COMMERCIAL. For Applicants' title see
Certificate of Title No. 8655 at the Nantucket Registry District
for the Land Court.
3. Our findings are based upon the application papers,
including the site plan marked Exhibit A which shows the area of
the addition to the renovated structure, plus representations
and testimony received at our hearing. While the Application
requested that they be allowed to either remove and replace the
existing structure or renovate and expand the existing
structure, at the hearing the Applicant withdrew their request
with respect to the removal of the structure and limited the
scope of the project to renovation and expansion.
4. From the papers submitted, we find that the lot in
question is bounded by the edge of the solid fill pier, which
finding is consistant with prior decisions of this Board and the
Nantucket Planning Board. The Lot therefore contains 27,889
square feet with existing structures on the lot having a ground
cover of 3,828 square feet for a ground cover ratio of
approximately 13.7°x. The allowable ground cover ratio is 50 %.
The proposed project would result in a ground cover ratio of
approximately 16%. Using the edge of the bulkhead as the edge
of the lot, the existing structure intrudes upon the five foot
setback from this "lot line ". The proposed addition will extend
no closer to this lot line than the pre- existing structure.
Given that boardwalks and piers owned and contolled by the
Applicants through a license from the Commonwealth of
Massachusetts immediately abut this "lot line" and that the
majority of structures on the wharves in Nantucket are similarly
sited, we find that the extension of the structure within the
setbacks will not be substantially more detrimental to the
neighborhood.
5. The use of this lot for multiple residences is a
pre- existing non - conforming use. This finding is consistent
with prior decisions of the Board. We find that the increase in
the size of one of these residences to the extent and in the
manner shown on the plan submitted without adding any additional
dwelling units shall not be substantially more detrimental than
the existing multiple residential uses on the site.
6. Applicants currently have a Special Permit for a major
Commercial Development for the site, but construction has not
commenced under said Permit. Permits for Major Commercial
Developments are under the exclusive jurisdiction of the
Planning Board under Section 139 -11 (D) of the By -Law, and the
Planning Board (as part of its authority under Section 139 -11
(D)(1)) is given power to issue any other Special Permits which
might be required under any other section of the By -Law for the
project. We interpret Section 139 -11 (D)(1) to confer the power
on the Planning Board only insofar as a Special Permit, other
than the Major Commercial Development Permit, may be required as
an integral part of the Major Commercial Development project and
is sought in C0- AjcL7-Loti01rL- with the application for the Major
Commercial Development, but not, as is the situation in this
application, when the Special Permit is not sought
with the application for the Major Commercial
Development.
7. Accordingly, this Board finds that the proposed project
is in harmony with the general purpose and intent of the Zoning
By -Law and not substantially more detrimental to the
neighborhood than the pre- existing non - conforming usets the
structure and, by UNANIMOUS VOTE, GRANTS to the Applicants
requested Special Permit under Section 139 -33A to renovate and
expand the single - family dwelling known as Nautilus on Old North
Wharf in substantial conformity with the plans( _Axh.D,&ttn )on the
condition that Nautilus continue to be used as a residence.
Dated: December /p , 1990
Linda F. Williams
--w.
it ism R: erman
Ro'ber Pic ter
�J1
Pe_ er Dooley
i
C. Marshall Beale
and #58boadecision
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on FRIDAY, NOVEMBER 16, 1990 at 1:00 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
Board of Appeals File No.: 074 -90
Applicants seek a SPECIAL PERMIT under SECTION 139 -33A of the
Zoning By -Law to alter and extend a pre- existing
non - conforming use or structure. Applicants propose to
increase the size of a single family residential structure,
known as "Nautilus ", located on Old North Wharf, either by
addition to and renovation of the existing structure orgy its
removal and replacement; no additional dwelling units are to
be created. The proposed structure will extend to within five
(5) feet of the existing bulkhead, which is the edge of the
lot on the north and east, but will be no closer than
portions of the existing structure.
The premises are located at OLD NORTH WHARF, Assessor's Map
42.3.1, Parcel 3225, as shown on Land Court Plan 10223 -A, and
is zoned RESIDENTIAL - COMMERCIAL.
inda F. Milliams, Chairman
BoA Form 1 -89. NANTUCKET ZONING BOARD OF APPEALS
TOWN AND COUNTY BUILDING Date ^ D
NANTUCKET, MA 02554
CASE No.- -_
APPLICATION FOR RELIEF
Alfred F. Sanford, III, Edward J. Sanford and Jeannette S. Fowlkes, Trustees
Owner's name(s) : of Old North Wharf 'Trust u /d /t dated 10/20/78
Mailing address: Post Office Box 2340, Nantucket A 0 584
Applicant's name: Same
Mailing address: Same
Location of lot: Assessor's map and parcel number 42.3.1- 225
Street address: Old North Wharf
Registry Land Ct Plan, 10223A Lot
Doc. 20808, Certificate of Tit1G 8655
Date lot acquired: X26 79 Deed Ref_ Zonipg district RC
Uses on lot - commercial: fta _y building; Wharf Rat Club
fit' MCD. _
- number of: dwellings12 duplex apartments_ rental rooms_
except office building and renoy do s to other
Building date(s): all pre -8/72? yX� or C o O .yes structures
Building Permit appl'n. Nos. 126 -72, 513 -76, 3036 -83 6409 -88 6184 -89
Case Nos. all BoA applications, lawsuits* 29 -88- office building; 096 -88 -Omega
ex ansion (expired without use); SP8 -88 -MCD
State fully all zoning relief sought and respective Code sections
and subsections, specifically what you propose compared to present
and what grounds you urge for BoA to make each finding per Section
139 -32A if Variance, 139 -30A X if a Special Permit (and 139 -33A
JL if to alter or extend a nonconforming use). If appeal per 139 -31A
& B _ , attach decision or order appealed. OK to attach addendum .
See attached addendum
/�. /7 °
Items enclosed as part of this Application: orderl addendum2 X ��j,
Locus maps Site plan x _ showing presenter +planned_g'structures ,
Floor plans present proposed elevations (HDC approved ?_)
f
Listings lot area setbacks GCR parking data
Assessor - certified addressee fist 4 sets mailing labels 2 sets
200 fee payable to Town of Nantucketx proof 'cap' covenant —
(If an appeal, ask Town Clerk to sencTBldg Comr record to BoA.)
I certify that the requested information submitted is substantially
complete and true to the best of my knowledge, under the pains and
penalties plf7perjury.
SIGNATU
Applicant Attorney /agent x
Melissa lbrick, Att rney for Old North Wharf Trust
3(If not ner or owner's attorney, enclose proof of authority) --
FOR BB OFFICE US W)
Application copies recd: 417 or_ for BoA on
One copy filed with Town Clerk on�3/ V by complete ?�L /d�j
One copy each to Planning Bd and Building Dept �YbDwaived? y $20 0 fee check given Town Treasurer on� _
Hearing notice posted— /�Ejmailed/� fd I & M f/
Hearing(s) on_/_/_ cont'd to_/_/_, ___/ _j— withdrawn ?__/__/_
Decision due by_/_/_ made_/_/_ filed TC_/_/_ mailed _/_/_
See related cases lawsuits other
ADDENDUM
EXHIBIT A
The Applicant requests a Special Permit under Section 39 -33A
to increase the size of the single - family residential structure
known as Nautilus located on Old North Wharf. This would be
accomplished either by the addition to and renovation of the
existing structure or by its removal and replacement.
The property owned by the Applicant constitutes a
pre- existing nonconforming use consisting of 7 dwelling units on
the solid fill wharf, plus 4 dwelling units on pilings connected
by a system of catwalks beyond the solid fill pier and a
leasehold interest in one dwelling on abutting property. A site
plan of existing conditions on the wharf is attached as Exhibit
B, along with drawings showing the proposed project. The
addition to and renovation of the structure is illustrated by
Exhibit C. The removal and replacement of the structure is
illustrated by Exhibit D. Under either proposal, the work does
not increase the zoning non - conformity, i.e. no additional
dwelling units are created.
The lot contains 27,889 square feet and is bounded by the
edge of the solid fill pier. The existing structures on the lot
have a ground cover of 3,828 square feet, for a ground cover
ratio of approximately 13.7 %. The allowable ground ratio is
50 %. The proposed project would result in an additional 628
square feet of ground cover for a total proposed ground cover of
4,456 square feet, or a ground cover ratio of 16 %.
The proposed structure will extend within five feet of the
existing bulkhead which constitutes the edge of the "lot" on the
north and east sides, but will be no closer to that "lot line"
than pre- existing portions of the current structure. This
intrusion into the setback is consistant with the other
structures on the Wharf and in the neighborhood, especialy given
that the "lot line" here does not separate this lot from an
abutting property but rather from license areas controlled by
the Applicant.
s