HomeMy WebLinkAbout030-05
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
';.
Date: Jjpt2Af ;2..7
, 20 oS-
\
To: Parties in Interest and. Others concerned with the
Decision of .the BOARD OF APPEALS in the Application of the
following:
Application No.:
0,. ~ () ~ OS-
. .
Owner/Applicant: SOnIcQ;W l-t--eoA Go off', ~
(Lv ~ . jInd. : Of) & }' _~ (0 rr F~ G4reen (n, 1/ C?ncG
_rn~ ~ I e. G1~erz~ h I 'II
,
"
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 pursu,Cl,nt to
Section 17 of Chapter 40A, Massachusetts General Laws.
Any action appealing the Decision must be brought by
filing an complaint in court within TWENTY (20) days after
this day's 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.
'~Ln7
vt"(?()S J 0ha irman
cc: Town Clerk
Planning Board
Building Commissloner
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME
LIMIT AND WILL EXPIRE IF NOT ACTED UPON ACCORDING'TO NANTUCKET
ZONING BY-LAW ~139-30I (SPECIAL PERMITS); ~139-32I (VARIANCES)
ANY QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
Sankaty Bead Golf Club, Inc.:
Assessor's Map 23, Parcel 8
18 Hoicks Hollow Road
Greenhill:
Assessor's Map 23, Parcel 9 (part)
8 Hoicks Hollow Road (part)
Limited Use General-3 (both parcels)
Cert. of Title No. 15816
Land Ct. Plan 10070-A, Lot A
Cert. of Title No. 6994
Land Ct. Plan 9314-E, Lot 1
DECISION:
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, April 8, 2005, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SANKATY HEAD GOLF CLUB, INC.
(Owner and Easement Holder-Applicant, and ROBERT F. GREENHILL and
MARY GAYLE GREENHILL (Owner of Land Subject to Easement), c/o
Reade, Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 030-05:
2. The applicant, Sankaty Head Golf Club, Inc. ("Sankaty")
is seeking a MODIFICATION of SPECIAL PERMIT and VARIANCE relief
granted in the decision in Board of Appeals File No. 045-90 as
well as additional relief under Nantucket Zoning By-law ~~139-
7.D(5) (nonprofit club operating recreational facilities) and
139-16.A (Intensity regulations - setback). Sankaty proposes to
move three buildings and the swimming pool at its Sankaty Head
Beach Club, because of severe coastal erosion. The locus
consists of Lot A on Land Court Plan 10070-A, owned by Sankaty,
and an easement area within Lot 1 on Land Court Plan 9314-E,
owned by Robert F. Greenhill and Mary Gayle Greenhill, all as
shown upon a site plan by Charles W. Hart % Assoc., Inc., dated
March 16, 2005, a reduced copy of which is attached hereto as
Exhibit A-I; references to buildings by letter thereon and in
this decision correspond to those so designated in the decision
in Board of Appeals Case No. 045-90 and as shown upon the plan
attached thereto as Exhibit A. Sankaty proposes to move the
swimming pool and adjacent spa, now at the edge of the coastal
bank, to a location partly wi thin Lot A and partly wi thin the
easement area. In order to achieve this placement of the pool,
Sankaty proposes to move Building C, which now lies astraddle the
lot line between Lot A and the easement area, into a location
entirely within the easement area. Buildings H and I, which are
now within the easement area, will be relocated and will continue
to be in the easement area. Buildings E and F, shown upon
Exhibit A-I in their former location, have been lost to erosion
and no longer exist. Buildings A, Band G will remain as shown.
The beach club use constitutes a use allowed by Special Permit in
1
all districts under By-law ~139-7.D(5), as a nonprofit club
operating recreational facilities, including ancillary buildings
and uses, and pre-exists the July, 1972 effective date of the By-
law. Accordingly, Sankaty requests that the Board of Appeals
grant a Special Permit under ~139-7.D(5) for the beach club use,
as it is now proposed to be altered, and a Modification of the
Special Permit under ~139-33.A issued in File No. 045-90, to
reflect the proposed changes in the site plan. Ground cover upon
Lot A will be reduced by the proposed changes, as the swimming
pool will be relocated so as to lie almost entirely within the
easement area, and Building C, now lying partially within Lot A,
will be entirely wi thin the easement area. Meanwhile, coastal
erosion has reduced the area of Lot A to about 110,264 square
feet. Buildings A and B have ground cover of about 4,260 square
feet, and about 30 square feet of the swimming pool will be
wi thin Lot A; thus, the ground cover ratio upon relocation as
proposed would be about 3,89%, with 3% being the maximum
permitted in the Limited Use General-3 zoning district. However,
it is likely that continuing erosion will further reduce lot area
before the proposed work is completed. The Greenhill parcel and
other adjacent lands owned by Greenhill contain a large area, and
no ground cover issue is presented with regard to the additional
ground cover being added thereto. Because the proposed location
of the swimming pool will straddle the lot line between Lot A and
the easement area, Sankaty requests a Variance from the side yard
setback requirement of 20 feet, with respect to both Lot A and
the Greenhill property. The Variance granted in File No. 045-90,
which authorized Building C to be placed in its present position
astraddle the lot line, will be superseded by the movement of
Building C. The locus consists of property owned by Sankaty
shown on Assessor's Map 23, Parcel 9, and shown on Land Court
Plan 10070-A as Lot A, and a portion of property owned by
Greenhill shown on Assessor's Map 23, Parcel 8, and shown on Land
Court Plan 9314-E as Lot 1. The locus is situated in a Limited
Use General-3 zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented by this application. One neighbor, represented
through legal counsel, expressed concern that the project be
performed in an environmentally sensitive manner, but subject to
that expresses no obj ection. Except for the presentation by
Sankaty's representatives, no other support or opposition was
presented at the public hearing.
4. As presented by Sankaty and as supported by the Board of
Appeals Decision in BOA File No. 045-90, the beach club, now
operated by Sankaty, a nonprofit membership corporation, had
existed since a time prior to the 1972 adoption of the Nantucket
Zoning By-law. The activity was originally confined to Sankaty's
2
land shown as Lot A on Land Court Plan 10070-A. An appurtenant
easement for Sankaty to use a strip of land, 50 feet wide,
adjacent to the northerly boundary of the Sankaty land, in
connection with the beach club use was granted by the then-owner
of the Greenhill land in 1965; in 1984, a later predecessor in
title to Greenhill granted a further easement to Sankaty for the
use of a strip of land 20 feet wide adjoining the 50-foot
easement to the north, resulting in an easement area 70 feet wide
adjacent to the northerly boundary of the Sankaty land. The
beach club facilities included various structures, including a
building containing a food service area, a swimming pool with
adjacent spa, and several cabanas used by the members in
connection with their enjoyment of these recreational facilities.
Meanwhile, there had been continuing erosion of the coastal bank
lying to the east of the locus, and in 1990 the Board of Appeals
granted a Special Permit and Variance in BOA File No. 045-90, to
permit the reconfiguration of structures upon the Sankaty
property and within the easement area to move these improvements
away from the eroding bank. The Special Permit relief was granted
on the basis of Zoning By-law ~139-33.A for the alteration of
pre-existing nonconforming uses or structures [however, operation
of recreational facilities by a nonprofit club constituted a use
permitted by Special Permit in all districts under By-law ~139-
7.D(5); the use pre-existed the Zoning By-law, so no prior
Special Permit under that section was in effect]. Variance
relief was granted to enable one of the structures (Building C)
to be relocated astraddle the property line between the Sankaty
property and the portion of the Greenhill property lying within
the easement area. Recent erosion had resulted in the swimming
pool becoming perilously close to the bank. As a result, Sankaty
now sought relief in the form of a Modification of the existing
Special Permit for the reconfiguration of the improvements, and
in order to regularize the beach club use under the correct
section of the Zoning By-law, a Special Permit under ~139-7.D(5).
Because it was proposed to relocate the swimming pool in a
location astraddle the lot line (while moving Building C to a
location entirely within the easement area), Variance relief was
also requested from the setback requirements. The present and
proposed locations of all improvements previously existing upon
the locus, as well as a brief description of each building and
the present status of each, were shown upon a plan done by
Charles W. Hart & Associates, Inc., dated March 16, 2005, on file
with the Board of Appeals, a greatly-reduced copy of which is
attached hereto as Exhibit A-I. As noted thereon, Buildings A, B
and G would remain in their present locations (Buildings A and B
on the Sankaty property, Building G on the Greenhill property) as
also approved in BOA File No. 045-90. Buildings H and I would be
relocated within the easement area upon the Greenhill property.
As noted above, Building C, now astraddle the property line,
would be moved entirely into the easement area. Buildings E and
F, existing at the time of the 045-90 Decision, had been removed
because of erosion and no longer existed upon the locus. The
3
"
swimming pool, as also stated above, would be placed astraddle
the lot line between the Sankaty property and the easement area.
5. Applicants stated that it was difficult to analyze the
ground cover status upon the Sankaty land, because of the
continuing erosion. In any event, however, the amount of ground
cover on the Sankaty land would be reduced; as shown upon Exhibit
A-I, a major portion of Building C now lies thereon, while most
of the relocated swimming pool would be relocated to within the
easement area, and only a small portion would be within the
Sankaty land. As to the easement area, it was part of a large
lot owned by Greenhill and the maximum ground cover on that lot
would not be exceeded.
6. Applicants represented that the Authority for Sankaty to
use the Greenhill land for this use and to present this
application as it related to the Greenhill property was based
upon the easement set forth in a deed registered as Document No.
9755 at the Nantucket Registry District, and the Grant of
Easement, which widened the easement area to 70 feet, registered
as Document No. 30904. Copies of these documents had been filed
with the Board of Appeals.
7. Based upon the fact of the continuing erosion and the
need for Sankaty, to move the swimming pool and reconfigure the
site in order to preserve its present use and prevent
environmental damage which would be the probable result of
inaction and the subsidence of the existing pool, the Board of
Appeals, by a UNANIMOUS vote, makes the finding that the proposed
changes to the nonconforming situation would not be substantially
more detrimental to the neighborhood than the existing conditions
or other previously permitted uses of the locus. Accordingly,
the Board of Appeals, by UNANIMOUS vote, GRANTS the requested
relief by SPECIAL PERMIT under Nantucket Zoning By-law ~139-
7.D(5), including MODIFICATION of the SPECIAL PERMIT in BOA File
No. 045-90, for the relocation and reconfiguration of the site as
shown upon Exhibit A-I.
8. As to the requested Variance relief, the Board of
Appeals, by UNANIMOUS vote, finds that owing to circumstances
relating to the soil conditions, shape and topography of the
locus (specifically, the eroding coastal bank), especially
affecting the locus and the structures thereon and not affecting
generally the LUG-3 zoning district, a literal enforcement of the
provisions of the Zoning By-law with regard to setbacks from the
lot line between the Sankaty property and the portion of the
Greenhill land which lies within the easement area would involve
substantial hardship to Sankaty, and that desirable relief may be
granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent or
purpose of the By-law. Accordingly, also by UNANIMOUS vote, the
Board of Appeals GRANTS the requested relief by VARIANCE from the
4
..
setback provisions contained
16.A, for the relocation of
Exhibit A-I.
in Nantucket
the swimming
Zoning By-law 5139-
pool as shown upon
9. Relief herein is granted upon the condition that the
reconfiguration of structures and placement of the swimming pool
be performed in substantial accordance with Exhibit A-I.
Dated: ~~ 'd-l
, 2005
Edward C. Murphy
j'..)
-....J
-~
..;:::,.
5
'1/.6'1 _ _ --------,-------~;3~~>--.-.
\ - -__h_~_Q- .",P~)
'l' 1<00. (~o.oO ~
/.~ .~~J \L.~_~~ ~
l ,_.~ ; ~ ~ ~ ~ E
fl ~ \.~.......... ~ W) 10) ~ ~
\1.1 . ~ ~~ . ~ ~ 3 ~ ~ l ~ ~
. ~~ : ~ l: ~ e e ~ ~ ~
~" I ~ ~ ~ ~ " ~ ~ ~
~flli ; ~ ~ ~ ~ ~ :
~~ ~ ~ ~ ~ ~ ~ ~ ~
"" ~
~
<
~ ~ ~ ~
~ < ~ <
t') 1l:lJ.. ~ III
~ ;)~ 0 0
~ ~~ ~
~ ~~ ~
~ ~~ ~
q q-l q
o 0'( 0
~ ~ ~S ~
(j~ h "'~ ~
~j ~ ~ ~ ~
...j'V) ':I), ~
~J ~ ~ ~
"
u U)
~ a:
~'-' ..
u UJ z l{)
g fi: is ~ ~
~ ~5dj~~
~ fi~~~!
a: :Sag? .~
~ ;i~~~$
3 Z a:: a.. 0 0
. Qo:;; i" ~
~ ~~~~
a:~~ z
4: a:
G Q.
f-\
\
<;;t.
I,
D
~~
~ ~
.)'1
'C;
41"
~.)
j
o
.,
.j
o
:t:
V)
~~
~'<
o
:t:
:e
'1 u
2 ~ ~
~ ::t: ~
i ~ j
-(
:.: "-
z ~
'< G
'l
~
t-
"
t-
~
o
IE
,.
j
G
: ~ ~
~ ~ ....
) V:> ~ ()
{I;')t')~
.-J
r-L
;-.f
r-
f--
~r %::-
-;~
;t?~
"k'1",9e> ...-0:/
10 - 6 ~#
,0
",_I~
v
f.
~ ~ ~
~ ~ ~
c. ~ Q
~ ~ ~ :~
~ ~ ~~"
-1'
c
j>--
o
-%
./r/
(i;'
.r;:~~
/;;,..-r'.
" v{.. "'"" ..J
~.' ~
4~ J1,.r...v!..,
~_/
~. I ..---?~
::-,-'" --Y .
/
~.
;::c
,-
~' -
~I
~,
G'
q'
~I
~!-<
~ I?,2
. o~
" .
, 0
M ~i
l
0
~
~ I . !
s " ,
~::: ~ ~ ~
~ ~
~ ~ ~ e 0
~, ~ ~
~ 0 ~
10) ~ q t{ q l ., u
~ ~ ~ ~ ~: ~ " , ~ ~ ~ ~
\$ 0:,) , , '~~ l: l l"
'"', < ~ , ~
~ (", I a ~ q,:lll ~ ~ ~ ~
ql "'~ ~ ~ ti
~~ ~ ~ .'( "joO/ ~ ~ '" ~
~~ 0' ~,..z " lo: ~ o ~ ~
~~ 0'0 " 0 .
00 ~ .; ~I~ ~ ~ ~ ~
~.o.. . '"
~ ~ '"
~
0
~
~~iUD
o
:::i
'0
'"
~
"
o "
'0 ~ ci ~ 0)
~~~~t'-C
"G <~
'\ .. .. g
oiil~
w
~
~ '
~ ;; i
~ 0 .
, , ~
II ~ "<
-( , 0
'" e ~
~n
. " .
~n
o ,~ ~
-< .."
"
Q
~ 0
<. u
~...H
~ )->.~
" 0 ~
~ N
-( ,
q
o
'l~
. t-
0'
'"-I ~ (j
~o:';
()..... ~
"O~
'-10
~
o
.
. "
< ,
~ ~
o <
o u
~ 0
~
\> "
l ~
>: ~
" .
x c
~ ~
t-
ijj
I
OP,
~
.....
Q
~'='
~ "
c ~
:j ~
" ~
'l: \)
~D
>1'1>
0,"
, .,
",>
:( .
'" "
0~
~
? ~
~u
.q
~ ~
~ c
, c
"...
,VJ ~
~~
Q ..
6-<
., I-
.,~
...;
/-
~
~
II
'(
U
~ ~
~i ~
~I~ ~
r.: ~
q 4
o 0
~! ~
,.~ ,.
~~ ~
~!;
.., ....
~ ' ~
< ~ .:
'" < II
o 3 ~
~ ~ ~
<. ~ <.
~ ~ ~
~ A ~
o " 0
}. ~ ~
~ ~ ~
~ ~ ~
.., 'l '?
.... .., ,
@@@@@@0E:
TOWN OF NANTUCKET
ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
PHONE 508-228-7215
FAX 508-228-7205
NOTICE
A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will
be held at 1:00 P.M., FRIDAY, APRIL 8, 2005, IN THE CONFERENCE ROOM,
TOWN ANNEX BUILDING, 37 Washington Street, Nantucket, Massachusetts, on the
Application of the following:
SANKATY HEAD GOLF CLUB, INC. AND ROBERT F. GREENHILL AND
MARY GAYLE GREENmLL
BOARD OF APPEALS FILE NO. 030-05
Applicant is seeking a MODIFICATION of SPECIAL PERMIT and VARIANCE
relief granted in the Decision in BOA File No. 045-90 as well as additional relief under
Nantucket Zoning By-law Sections l39-7D(5) (non-profit club operating recreational
facilities) and 139-16A(Intensity regulations - setback). Applicant (Sankaty Head)
proposes to move three buildings and the swimming pool at the Sankaty Head Beach
Club, because of severe coastal erosion. The locus consists of Lot A on Land Court Plan
10070-A, owned by Sankaty Head Golf Club, Inc., and an easement area within Lot 1 on
Land Court Plan 9314-E, owned by Robert F. Greenhill and Mary Gayle Greenhill. The
Applicant proposes to move the swimming pool and adjacent spa, now at the edge of the
coastal bank, to a location partly within Lot A and partly within the easement area. In
order to achieve this placement of the pool, the Applicant proposes to move Building C,
which now lies astraddle the lot line between Lot A and the easement area, into the
easement area. Buildings H and I, which are now within the easement area, will be
relocated and will continue to be in the easement area. Buildings E and F, shown upon
the plan in their former location, have been lost to erosion and no longer exist. Buildings
A, B and G will remain. The plan for this project is available at the Zoning Board of
Appeals office. The beach club use constitutes a use allowed by Special Permit in all
districts under ~ 139- 7 .D( 5), being a nonprofit club operating recreational facilities,
including ancillary buildings and uses, and does pre-exist the July, 1972 effective date of
the By-law. Accordingly, the Applicant requests that the Board of Appeals grant a
Special Permit under ~ 139-7 .D(5) for the beach club use, as it is now proposed to be
altered, and a Modification of the Special Permit under ~ 139-33.A issued in File No. 045-
90, to reflect the proposed changes in the site plan. Ground cover upon Lot A will be
reduced by the proposed changes, as the swimming pool will be relocated so as to lie
almost entirely within the easement area, and Building C, now lying partially within Lot
A, will be entirely within the easement area. Meanwhile, coastal erosion has reduced the
area of Lot A to about 110,264 square feet. Buildings A and B have ground cover of
about 4,260 square feet, and about 30 square feet of the swimming pool will be within
Lot A; thus, the ground cover ratio upon relocation as proposed would be about 3.S9%,
with 3% permitted in this Limited Use General-3 zoning district. However, it is likely
that erosion will further reduce lot area before the proposed work is completed. Because
the proposed location of the swimming pool will straddle the line between Lot A and the
easement area, the applicant requests a Variance from the side yard setback requirement
of20 feet, with respect to both Lot A and the Greenhill property. The Variance granted
in File No. 045-90, which authorized Building C to be placed in its present position
astraddle the lot line, will be superseded by the movement of Building C.
The Premises is located at 18 HOICKS HOLLOW ROAD (Sankaty Head),
Assessor's Map 23, Parcel 9, Land Court Plan 10070-A, Lot A; AND PART OF 8
HOICKS HOLLOW ROAD (Greenhill), Assessor's Map 23, ParcelS (portion), Land
Court Plan 9314-E, Lot 1. The property is zoned Limited-Use-General-3.
c.),I\OJ)I ~R V'<?.w~--/
Nancy J. Sevre, . an
THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER
ALTERNATIVE FORMATS. PLEASE CALL 508-228-7215 FOR
FURTHER INFORMATION.
..
NANTUCKET ZONING BOARD OF APPEALS
1 EAST CHESTNUT STREET
NANTUCKET, MASSACHUSETTS 02554
CASE NO. G 3605
FEE: $300.00
APPL~ATIONFORRELmF
Owner's name(s): Sankatv Head Golf Club. Inc.. Robert F. Greenhill and Mary Gayle Greenhill
Mailing address: clo Reade. Gullicksen. Hanley & Gifford. LLP
Applicant's name(s): Sankatv Head Golf Club. Inc.
Mailing address: 6 Youn2's Way. Post Office Box 2669. Nantucket. Massachusetts 02584
Locus: 18 Hoicks Hollow Road: Dart of 8 Hoicks Hollow Rd Assessor's MaplParcel: 23-9. Dart of 8
Land Court Plan No.: 10070-A (Sankatv);9314-E (Greenhill) Lot No.: Lot A (Sankatv); Lot 1 (Greenhill)
Date lot acquired: 10/25n3 (Sankatv); 6/17/93 (Greenhill Cert. of Title: 6994 (Sankatv): 15816 (Greenhill)
Uses on Lot - Commercial: None-L Yes (describe) Zoning District: LUG-3
Residential: Number of dwellings_ Duplex _ Apartments_Rental Rooms
Building Date(s): All pre-date 7n2? or C OfO(5)?
Building Permit Nos:
Previous Zoning Board Application Nos.: 045-90
State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of
the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities:
See attached addendum.
I certify that the information contained herein is substantially complete and true to the best of my
knowledge, under the pains d penalties of jury.
SIGNATURE: t-- Applicant AttorneylAgent x
(If not owner or owner' attorney, please enclose pr of of agency to bring this matter before the Board)
____ FOR ZB ICE USE
Application received ons3_lt~ O~ By: . Complete: Need copies?:
Filed with Town .Clerk:~/2Z t2rPlaRRiRg Board:_1 1_ Building Dept.l-! ~ ~~ ~
Fee deposited with Town Treasurer.2J?'2,c;;;;: ~ ~iver requested?: Granted:_I-"_
Hearing notice posted with Town Clerk: ~2Z ~ailed: SiZ~.o(i&M:32/( PJ& sl3( {J(--
Hearing(s) held on:-"_I_ Opened on:_I_I_ Continued to:_I_I_ Withdrawn?:_I_I_
DECISION DUE BY:-,,-,,_ Made:-"-"_ Filed w/fown Clerk:-,,_I_ Mailed:_I.-:.JJ_
DECISION APPEALED?:-"-"_ SUPERIOR COURT: LAND COURT . -=Form 4/03/03
-.)
J
.,
j
"-L)
ADDENDUM TO APPLICATION
OF
SANKATY HEAD GOLF CLUB, INC.
The applicant, Sankaty Head Golf Club, Inc., requests a
Modification of the Special Permit and Variance issued to it in
Board of Appeals File No. 045-90, in order to move three
buildings and the swimming pool at the Sankaty Head Beach Club,
because of severe coastal erosion. The locus consists of Lot A
on Land Court Plan 10070-A, owned by Sankaty Head Golf Club,
Inc., and an easement area within Lot 1 on Land Court Plan 9314-
E, owned by Robert F. Greenhill and Mary Gayle Greenhill. The
present and proposed conditions upon the locus are shown upon a
plan by Charles W. Hart & Assoc., Inc., dated March 16, 2005,
filed herewith. The applicant proposes to move the swimming
pool and adjacent spa, now at the edge of the coastal bank, to a
location partly within Lot A and partly within the easement
area. In order to achieve this placement of the pool, the
applicant proposes to move Building C, which now lies astraddle
the lot line between Lot A and the easement area, into the
easement area. Buildings H and I, which are now within the
easement area, will be relocated and will continue to be in the
easement area. Buildings E and F, shown upon the plan in their
former location, have been lost to erosion and no longer exist.
Buildings A, Band G will remain.
The Special Permit relief granted in File No. 045-90 was under
By-law ~139-33 .A, and stated that the beach club was a pre-
existing nonconforming use. In fact, the beach club use
consti tutes a use allowed by Special Permit in all districts
under ~139-7.D(5), being a nonprofit club operating recreational
facilities, including ancillary buildings and uses, and does
pre-exist the July, 1972 effective date of the By-law.
Accordingly, the applicant requests that the Board of Appeals
grant a Special Permit under ~139-7.D(5) for the beach club use,
as it is now proposed to be altered, and a Modification of the
Special Permit under ~139-33.A issued in File No. 045-90, to
reflect the proposed changes in the site plan. Ground cover
upon Lot A will be reduced by the proposed changes, as the
swimming pool will be relocated so as to lie almost entirely
wi thin the easement area, and Building C, now lying partially
within Lot A, will be entirely within the easement area.
Meanwhile, coastal erosion has reduced the area of Lot A to
about 110,264 square feet. Buildings A and B have ground cover
of about 4,260 square feet, and about 30 square feet of the
swimming pool will be within Lot A; thus, the ground cover ratio
upon relocation as proposed would be about 3.89%, with 3%
permitted in this Limited Use General-3 zoning district.
However, it is likely that erosion will further reduce lot area
before the proposed work is completed.
Because the proposed location of the swimming pool will straddle
the line between Lot A and the easement area, the applicant
requests a Variance from the side yard setback requirement of 20
feet, with respect to both Lot A and the Greenhill property.
The Variance granted in File No. 045-90, which authorized
Building C to be placed in its present position astraddle the
lot line, will be superseded by the movement of Building C.
F:\WpS\sankaty\Beach Club\ZBA APP 04-2005.doc
-+-
+
+
AlJrllAlNJrIC (L
+
+
o
o
o
..
..
"
w N 106,000.
REVISION
O"'U 'AltCn o"u ,...ItCH
OlllIlITIIOr..04ICAr..
rrhe
NA
~;r.~
INFORMATION- SHOWN HOEOH wAS
COMPILED FttOM AUlA!.. PHOIOGlAPHS.OEEDS.
AND PlANS OF RECmD AND IS HOT 10 If
CQNSTllUED AS HAVING. suffICIENT ACCUR-
ACy fOil. CON....EYANCE.
46
Form
3-89
TOWN OF NANTUCI(ET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
~i- J-, 1990
To: Parties in interest and others
concerned with the decision of the
Board of Appeals in Application No. ~-~
of: (a) SANKATY HEAD GOLF CLUB, INC. FOR ITSELF AND (b) MRS. ARTHUR DEAN
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 l7 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 day's 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.
Juj1Q .WJt:U1/0
Linda F. Williams, 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, JULY 13,
1990 at 1:00 p.m. in the Town and County Building, Nantucket, made the
following decision upon the Application of SANKATY HEAD GOLF CLUB, INC.
FOR ITSELF AND FOR MRS. ARTHUR DEAN (045-90), Box 293, Siasconset, MA
02564.
1. Applicant seeks SPECIAL PERMIT relief pursuant to SECTION
139-33A to relocate five (5) buildings on the lot owned by Sankaty Head
Beach Club and within the Beach Club's Easement Area (the "Easement Area")
of the abutting lot on the northerly side owned by Mrs. Arthur Dean, to
remove' two (2) buildings from the Beach Club lot entirely and to relocate
one of the buildings at the same non-conforming side line setback of one
of the removed buildings. Further, Applicant seeks a VARIANCE from the
SECTION 139-16A requirement of a ten (10) foot rear and side line setback
for lots of record to allow one of the relocated buildings to straddle
the lot line running between the northerly bound of the Beach Club property
and the Easement Area. The premises are located at 18 HOICKS HOLLOW ROAD,
Siasconset, Assessor's Map and Parcel 23-9 and 23-8 for the Easement Area.
The Applicant operates a private Beach Club on the premises as a pre-
existing, non-conforming use in the LUG-3 zone.
2. Our findings are based upon the application papers, site plans
showing the existing (our Exhibit "A") and proposed relocation and removal
(our Exhibits "B" and "C") on file, and representations and testimony
received at our hearing. A letter from Mrs. Arthur Dean showing her consent
to the proposed project was received at the hearing. No one appeared at the
hearing in opposition.
3. We find that Special Permit relief to remove two (2) buildings
and relocate the required five (5) buildings is an alteration of the pre-
existing, non-conforming use of the premises that will not be substantially
more detrimental than the existing non-conforming use to the neighborhood.
In fact, the pre-existing non-conformity as to ground cover, 8884 square
feet existing with 4094.70 allowable, will be reduced by 2760 square feet
due to the removal of the two buildings. Further, we find that the
relocation of Building A along the same 7.99-foot non-conforming side line
setback as the existing Building K after Buildings K and L are removed,
does not make the non-conforming side line setback more non-conforming
and in an open area this change is not more detrimental to the neighborhood.
4. Secondly, we find under the request for variance relief, that
the severe and rapid erosion of the coastal bank in Siasconset,
along the easterly side of the Beach Club property threatens the
existing structures. owing to the unique topography of this
coastal bank location coupled with the eroding soil conditions
that does not generally affect the LUG-3 district in which this
lot is located, a literal enforcement of the required 10-foot
side and rear setback for lots of record creates a substantial
hardship. Since i~ is unknown how rapidly this erosion will
continue, we find that it is important that the Beach Club be
able to move the threatened structures as far west on the
property as possible to avoid an annual need for relocation.
Moreover, relief can be granted without substantial detriment to
the neighborhood and without nullifying or substantially
derogating from the intent or purpose of the zoning by-law.
5. Accordingly, this Board by UNANIMOUS vote grants to the
applicant 1) the re~lested special permit relief to generally,
allow the relocation and removals of buildings on the Beach Club
property and specifically, to allow the relocation of one (1)
building at the same non-conforming side-line setback location
as one of the removed buildings, and 2) the requested variance
relief from section 139-16A with respect to side and rear line
setback requirements to allow one of the relocated existing
structures to straddle the lot line. All relocations shall be
in substantial conformity with Exhibit A. Forty-three (43)
: parking spaces shall be provided as shown on
E)(hibit A.
Dated.: CWgw.lt..2-, 1990
~4~~~
Michael O'Mara
thvn ~fa~
Ann Balas
rch#5/decision
~
"'n
.'~.~
.0{, . '
,~~
:'" " .'\,: ..
, ,
~ 1\
b l'l 0
~
;..
j'd
i
(,}r'fl~~
~ fl ~ () G
G '" U\ 'i ill \oN
-I> 0.... ... ("
"-I>",):~,
, ~. . l 1.0
Cl ;. 111 \j
'" '" /It
~ ~ )>
), 'I ~
~ <
;{ ~
I~ .
I '"
.; :-l
(, i'i
'.... 1
?
~
~}'
~C>
,~
~
~
t'l
'v
..
."
.....
~
\j
.(0....-
. ..-
,./,,,,-
r",
"
)0
" 'i
II
.j
~"'/'I
"
/~>
/~. . I "l"
, ""~""\.'}v
I .'1.'-'
':.r.' .. ~ " ,
~'.,-
;~i;.!'
~:~:~i.~:'.:
~'!l'"
y~'i" ~
115>.'
~;'~l~:
<r,;'..l'.~ .
rf'~
y.~~:f', ,
o
../.....
.t''''.~:'
\'.' ~ ~/......,
~/
t...."....
~ ,~,: >'1.(
: .
";'~ ':; ,':: : ./~ "'~~
h.:::: '{/r:.~
rf.\\ \\.~\\((~.. .~~
/'" ~. ~'\~\~"\ t:",~,~..,.
. ../,i f- .. J ~'. '.:."i' 'N'\":' II \":."\:1. ",
.;. '/J'I" '\I. \".1-<>.
I 'I" . ...;.'...'1.... ...~'~r ~..,l
" ,.~/~!, I .',:, '., . J;)i,
....~~:;.... :,' .../ \. . 'j' ! J J'-: "..} \.tyJ ..
/'.~. / ' ':~'~;I:~~/'?
1'-(~~.' /- /n;F"; ;:'~-<"'~':;'~( / >:-:~J .I:.~~,:.~ ~.<,
,/~ 119'- . /~/ . . '...-."<<Y" / /' ':"'// P, '.:':
~\.-' /.( 0 .' . /<'\ \/;.'~~~_~~ ~~ .~. '- (:.' " / . :'),Y..l' .,'!r ~:Pt'. :' i~
/." /............ ....'.. ,'/ ,"- /'.~ '/ I' I '~
~/. .~ .~/ '/'-../ " ,,-: };,,~,,(,:
'.,>/J~""/\~ 'X/'/'./ /(., ;f\~~,\ ~./~;,.I'~~;~I.l'.'.J
\,';., " (N / \ \ i . : t' . \ ~ / . I
\ :. ..., \\ \.{/, \ >' . ..,/ \ \ '? '. .,.". 'I' .~~~ ,.1. .i~':}.:
",~ .,_"'."'.\.', :....:/"..A. , v< ~, "// V " I \ .
. . /'. ,. ;': '\' ~(.\ '.\' /\ \' :.>~;. ~': >:
~ 7/ ..' . /-~\ \\ <, . \ '\ S< / / \~c.~~,ri.~l';\
':'.\ \ \,' // \" 'c. .,~. \",,;(. .;~\ \ / (;~ ,.J.; -ell
\ \ '. .~ " /'" \ 'f''''','' ~ . . ~'/ I " '
\ ~' ~- "" ). '.' ,< .<~ '1'\ \ :: .'.~'l I'l:;
~ \ \ \ "':'. .~,:-"",-/ . . ..:,:,:'".',:.; ! \ \ I --.' , ..', :~'I ).~~.;'i
:.~ \ "\~':;'\\ \(~'\ ' ' ;."" ...!'J' J'
.(i:i) " 1\ '\" . /'.,' I / "':,':t',:- ,~. .:.
. \ . \\\ ,.,>' }.., ./~ ,.' " '" ,.. "':. ....
'. . \ \ \\. -l; \ . . /-.-, . .,>" I ) \ : \. /. . ..:.~.' . ~ < I' I'&'>
'. ..~.. \ \'" ,..:" / ";'./" :. " ./i \ I I / ,." t. '.'. ',1, ~',
(.) I t~ , ~ I \ \~ -rt 1 1".;:0 \ ( /: \. \ ' ~
, ... ~. . ..! ',i <P Ij) .' .......'-:: . :,.... . I I { '. . , II ;
~l ~ ~ .,' .,l. _\J~I~'l .<' (..' /"\\ ...) .,/ ,I '~/;.. ....,,-,;...,;>:. ",
~ ~ ~ ~ '\'(E"~: ~"~:i::OO'~"j' ~</.',~/~//.,.r~ .:-:'::,:::'./(,/. ,':. ,.\~.. '('''-~':~~ "~/f.S~\l~;fr~~:
Iol q ~ ." '-' ..~ , "",., (I) ........:: .\:: ,~",..:', 'I'.!'\ ~II" . 1--'
\)',.'1/, '... ,....,./ ./ /' ~"'~- """""""( .-- "'~"II.,.o'\..1
> "< ':; I '~,' ',~ (, ( . \ ~',\.,,\, \ \\\\'\ \.'.{ I 'j'\'~'''J...'~ii :.;:~
~. ~ ~ .,';' \' .,~; ~ (' -- . ,'\ . \ . ~ '.,h' " \,,\\(\--';' .t':;"'1;~::-\ !~"';:~f'''~ ,-
~ ~ j :~ "j. _ _ _ ~_ .: ~ .:;\ .... {~"l \\ \ \"~'<~. j;:'\., ~\ \ '\ \;., i : ~ ii\\:: \:~I~ /!. '
~ ~ ~ ~ . . '\ -:.. -~? :.-.......... \',.:</.<'1".;>.....,\\ \ 'J,. \ ~\~.....,y.~ ,.>.1;"'1; t-.~; f' ~P\-t. ':;~! rk:~
~ u k -<. ,/ /' .. ~ ., \ . 9 - /J ~ '.\ . \ . !. .
. ~~-:. // '. .?":\\ (.1,1 \\' \ !~~ 31 '\.,.L < ~ ~.: .... ,4 i'.i'\~!' \ \ '\
...;' /' . l} i..), \ /.':;~y,\ ,\'~ ",!/~., \! . < "'1\~\..l \"N
/' ,/;', \h --- \/' ~ '.':\: "'tl"-~\\\ ,"\\.t
,/ ~, / \,./;=/~~ .\ I::. ~ ~ t~'~;}~)\\\ \.\.\\
'"'r"'" \+>,l a..'J .1..Ji "1'\ . \
l'/ ' I'~ '. ~ I ;:'.~: .~\ ~\"
'.Ii I, I~:~. ',:c ~ '" '~'~~'~\l\1\~~~':~~\\
I. ~ It,.:. ::'~\' .;
., ~ I\" . . ~\ I
., ~ :. . f: ~;\':~S~\,
()..... . 'F" -. ~
I,) ,\ ... \ . , ,,11 '"
~ f ~ 1 ~rh ," ',"l 'ltt\
~ ;'1' ~o ,'.l~1 ::".1. ~.:"r'~1
'l: ~ ') b, .e...l.
In ~ ~ ~ ~ ~ -::'~~' ~~K; :!kr~
I ~... ~ "1 I ") ~ . ~, '~'~'. fj, ~
~ ~. ; " ~ ~ 6 I/) \ ',..,'~ \ ":' \
;)\)0)\)'11) )",
:r.. . . Q \) .. . , : I
" l.l o.l ~1 ~..I
'.r'
"
....- ~
( to.
..'
L'.'
or
1~:1
~~.>
!I;-',..,..'
~,f).\...
~.;/:- --
~""\" .~
';~'~(;;~."'. "
~..'.."~ .'.
!~~,'\.
:i; .~_ ,'/
~j'~'.~' ~
. ~.'.:. ~ ':- ~
~,;!l~:r..
~ l.':'
,">
i~i ~;~,
~~~4i. ~"
'~:'-'~"':"
lt~::
......
"..0..
;",J,., .
,.... .,
:J{;/;"-"
..,:, -.
J:~':-;!~'
";.\;,Y; .
,~''';':-:; > -
~. . "},'.
,t!!<:
:~3i/
1""'"
~~~>_~J' "
.) 'j ~".,
~t'r~' '\.'~; ,i
~,..
~~~:
~~'r;"
~!1,\~~~_' . .
lMI.
1:<
9-~~
, 5~
~
/I 5, 00
Town of Nantucket
ZONING BOARD OF APPEAL~
~
SOARD OF ASSEssoRs
FEB 0 4 2005
'TOWN OF
NANruCiQ:T, MA
LIST OF PARTIES IN INTEREST IN TIlE MATTER OF nn~ PETIT10N OF .
PROPER TV OWNER... .K,~:.. ~,~;(!. 6.,~:r (....,.."........
MAILf"r'.'O AOQRESS... 'i'-/.~. Je~~.~... ..~.\f~+.~~,~.~~.~.,.. ,~.~~~.~r.}..~,~~~.~~~.~. LLP .
~ t> -I-!~/dCs L ,/" ,,/-- I .~.....;> /4~_. p'))
PROPERTY LOCA TION........Q., ...... ,....... ,......TI.~..r.~r.( F' tLJ
A,SS ESSORS MA?IPARCEL...,.,.... .c?.~ .~~.... ............n...,......,.
A?PL!C~NT" .R€a.~~, .9\l.u~.~~~.~~/..~a.n~~.y'..~ .~~.~.~~~.~.'..~~~...... .........
SEE A1TACHED PAGES
I cenify that the rorc:goillg is I li$~ of pc:noru who are ownell of abutting propeny, ownen of .
latld dire:ctly opposite on any puolic: or privlIte, stteet or way: and Ibutte~ of the: robuuers and all
other land ,t)wners within 300 feel of the pro~rty line or owner's property, all as they appear on
the mOst recenlllpplieable tilt list eM,C.l. c. 40A, Section 1\ Zoning Code Chapter 139. .
Section! 39.290 (2) , .
$tk...~..~s-
~ .
" /J // /10
~'-" ~ ~
. ....~...;.............,
D....TE .
ASSESSOR'S OFFICE
Town ofNantud:et
~ ~ ~ ~
II: II: II:
3 S 3 ~
,., ,., ,.,
000
:<: :<: :<:
rn rn rn t:: ~
.. ~~~~rn
G) OOO~H
U :x::.: = CI.l llt
~ ""oQ)r=~
p,. M M M M III
- <l
o
...
..
..
u
o
,.,
~ ~ ~ ~ ~ ~
S S S ~ ~ ~
~ ~ M 0
o 0 0 III
:<: :<: :<: '" II: II:
E ~ B ~ tj ~
888 Ii! j j
:<: :<::<: III III
...
.. \l\ ..
..
OJ
01
III
'"
M M ..,. ~ M M ..,. ..,. ..,. ~ M
~ ~ ~ M ~ M ~ ~ ~ ..,. M
Q. l't--U'ta\l""Q) 10 U'tU'tcoco
-rt ....r-INr--..-tIDNNNr-IlD
N OOOMOOOOOOO
Ii; ::!::!!UHit::!::!::!::!!J
t:: g: ): g:
~ M Ik1 ~ Ik1
~~gt:i ~
Q.j In ~ ~ p::
~ e ~ ~ ~ E E ): ~
~ ): g M :<: ~ ~ j M
g ~ < ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ~ II: II: Ii; ~
~ ~ ~ ~ B ~ ~ g ~
t:: ~ 0 ~ ~ '" rn ~ ~
II: ::i is ~ f:l ~ ~ is
~ ~ i ~ ~ ~ g ~ ~
~ ~
o 0
~ !i! !i!
... .... ....
U ,., ,.,
Eo
M M
rn ,.,
~ ,., !'l ><
8 ~ 0 ~
e ~ ~ ~
..
..
"
"
'"
'"
<
tll
"
...
..
...
)!!
~
~~
m
H -
HE-<
M
mil<:
l:t:U
~~
~
Cl
....
'"
~
Eo
~ ;.'i
0:
.. Eo"
~ ~ ~
~ III g
~
....
>
:;: r:J ~
N 0
H ~ :$
g ~ ~
o 0
'" \l\ '"
III
"
9
~
..
I
"
.,
~
"
tll
o
U
~
'"
~
'"
.. Eo
'"
.... ~
< .... < 0:
.... Eo
~ : ~ t::
~ S ~ ~
~ i ~ ~
~ l:Il p:: :If:
[;l ~ [;l ~
o 0 0 ~
..... ..........
u u u
t:: t::
M M
.... ....
u u
o 0
'" rn
~ ~
o 0
jg jg
~ ~
'" '"
! ~ ~
~ m m
~ 5 5
" < <
., '" '"
~ i i
..
...
Ii
..
o
,.,
~
~
o
..,. 0\ M N M M M M M M
......
N
0:
Eo ~
~ 8 8 ~ ~
e ~ ~ ~ ~
0:
'"
Eo
'" m
on M '"
l"" 0 0 P; Itl
N \D M M U r--
H rl co Q) 2 N
~ ~ ~ ~ i ~
~ III ~ lQ
o 0
o 0 0 N 0
p,. PI PI P. rot PI
Eo
'"
iil
Eo
t::
~
..
M
f;]
~
e;
~
:>:
'"
'"
o
rl N M co 0'1
o
o
N
rl
o
o
N
......
'"
'"
ftJ MMMMt"-Q)CX)Q)COCOW
::t NNNNofIofI"'.ofI""'"
itS100
Town of Nantucket
ZONING BOARD OF ~PPEALS
~
8OAROOF~
FEB 0 4 2005 /
J
TOWN OF
N~MA
LIST OF PA.:~.Tl.ES IN IN'T'EREST D'-I THE MAl"'TER OF THE PETTTJON OF .
PROPERTYOWNER.....~.~q:.#...9.:~~K-
MAILrNG AD~R.ESS... ~(C?.~.~~9.~.,., .~,\!~+.~~,~.~~.~.,.. .~.~~~.~~..~..~.~~~.~,~~.!. LLP
PROPER, TY LaCA TION..... ..1&. .:;I{f2l.~ ~.... ~((~,.~
A.5S E.SSORS MAPfPARCEI..... ....... ....,..i?..?..-::.:'l.. .,....~..It!f.. II
APPLlC^NT.. .~~~.4~.1. ,~1,JJM.~~~.f!!rl/. .~~~~~.Y..,~ .~~~.~~~~.'. ..~~~...,.., ......:.
SEE AITACHED PAGES
I certif)- thaI the foregoing is a list of persons who arc OWMI"$ of IQUning property, o'oI/ncrs of'
land direclly Opposile on In)' public or private streel Or WIY; and abuttcT'$ of lhe IbutlersU\d all
oll",cr land ~wncrs within J 00 feet of the Fropel't)' line or owner'S property, all 1$ they appear on
lnc mOSl reCcnt applieable till Iisl (M.O.L. c. 40A. Seclion 11 Zoning Code Chapler 139:
Seclion ~ 39.290 (2)
$~~9?PO.s
/2..... ;;/~
.~........~...
,
D^TE .
ASSESSOR'S OFFICE
Town OrNanl\Jclcel
IHlli!:'j
<l ~ ~ ~
~ ~tl~~
.. 0 II:
u =(::oo:t::
~ ~ ~ ~ tJ
~ !il Ol II: ~
.. r- M
P4 f""t M ...
...
'"
tJl
'"
'"
o ~ ... 0
ro"I M lI'I ....
0. (I) 0\ III OJ
...t \Dt"'-N\O
N 0....,00
Ii; !J ~ ~ tJ
i ~ B !
g ~I~E
N
..
..
"
..
'"
'"
-<
..
<l
...
...
i
t!l
~~
tI.l
H ~
..:IE-!
lZl
tI.ll>o:
ll::U
~~
~
::l
H
..
Ii! ~
..:l H Ol
..:l > ..:l
H ..:l
tI1 t1! 0 H
l>i :zo M II:
: ~~~~
f 0 ~ ~
:g ~~or--
-< .... III P. \D
III
::J
Ol
P
Ol
..
H
H
H
-<
~
:z;
..
I
"
"
~
..
..
o
()
~
~
~
o
"-
()
~ ..
a E Ai
.. e tl !:!
~ f< H
Ilrt H tI1 '"
:0: P
E-t H CII:: ~
l>i ..:l f<
~ ~ . ~
! :~~g
.. ~ .. l>i II:
~ ~ :z; Ol g
~ :l ~ 8 @
o o;j i :E:
~
'"
'"
...
...
..
...
s
~
~
~ .... 0
H III rot .... M
M ..
...
...
" ~ ::: ~ ~
o
o
N
-....
en
-....
N