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119-98
TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 15 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 119-98 Owner/Applicant: DONALD AND RINA MCCOUCH 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 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. l^~ ~i lJ~ Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 23, Parcels 9, 8 Certificates of Title Nos. 6994 and 11 and 7431 17 and 18 Hoicks Hollow Road, Land Court Plan 10070-A, Lot A; Siasconset Land Court Plan 9314-G, Lot 6; Limited Use General-3 Land Court Plan 9314-E, Lot 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 11, 1998, at 1:00 P.M., in the Conference Room, in the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application for relief filed by DONALD and RINA McCOUCH, of 67 West Hills Road, New Canaan, Connecticut, File No. 119-98: 2. The Applicants, Donald and Rina McCouch, are appealing from a decision of the Nantucket Building Commissioner dated October 2, 1998, denying enforcement action requested by the Applicants against Sankaty Head Golf and Beach Club, Inc. ("Sankaty Head") The Applicants allege that Sankaty Head expanded and altered its Tennis Courts and Beach Club properties without proper zoning relief being in place and with building permits having been issued by the Building Department for particular work without the proper authority to do so. Specific relief being sought by the Applicants is as follows: • The removal of the shed that is on the Tennis Courts Lot (as later defined); • The confinement or reduction of the footprint of the Tennis Courts to that of the Tennis Courts as originally constructed in or prior to 1976; • A ban on all future construction, alteration and reconstruction of all structures on the Beach Club Lot (as later defined), and removal of structures not protected by permits, variances or passage of time, until the ground cover ratio achieves that permitted as of right; and • Removal of the parking area from, and a restriction on parking upon, the Tennis Courts Lot. The subject property is situated at 17 and 18 HOICKS HOLLOW ROAD, SIASCONSET, shown upon Assessor's Map 23 as Parcels 8, 9 and 11, and consists of Lot 1 on Land Court Plan 9314-E, Lot A on Land Court Plan 10070-A, and Lot 6 on Land Court Plan 9314-G. All of these parcels are situated in the Limited Use General-3 zoning district. Lot A on Land Court Plan 10070-A (Assessor's Parcel 23-9), together with its appurtenant easement to construct and maintain structures upon Lot 1 on Land Court Plan 9314-E (Assessor's Parcel 23-8), is hereinafter referred to as the Beach Club Lot. Lot 6 upon Land Court Plan 9314-G (Assessor's Parcel 23-11) is hereinafter referred to as the Tennis Courts Lot. Sankaty Head is the owner of Lot A on Land Court Plan 10070-A and Lot 6 on Land Court Plan 9314-G, and is the holder of an appurtenant easement to use a portion of Lot 1 on Land Court Plan 9314-E. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was in support of the Building Commissioner's decision that the activities upon the Locus did not constitute a Major Commercial Development under Nantucket Zoning By-law §139- 11, and that no further recommendation was made as the subject of this proceeding was not a matter of planning concern. Representatives of Sankaty Head appeared in opposition to the appeal and in support of the refusal of the Building Commissioner to undertake enforcement action. 4. The Beach Club Lot and the Tennis Courts Lot are situated at the easterly end of Hoicks Hollow Road. The Beach Club Lot lies to the north, and is bounded easterly by the Atlantic Ocean. The Tennis Courts Lot lies to the south of Hoicks Hollow Road, southwest of the Beach Club Lot. The Beach Club Lot has been improved with beach cabanas, a swimming pool, and food service facilities since a time prior to the effective date of the Nantucket Zoning By-law in 1972. 5. In Board of Appeals Case No. 017-75, the Board of Appeals issued a decision dated June 26, 1975, granting a variance from use regulations under the Nantucket Zoning By-law (use variances not then being prohibited, under law in effect at that time) to permit the use of the Tennis Court Lot, which was then vacant land being acquired by Sankaty Head, for the construction and use of four tennis courts and a small clubhouse. No plan was attached to the decision, and it contained no description of the size or location of the proposed improvements except that the clubhouse was characterized as "small". Sankaty Head then proceeded to acquire the Tennis Courts Lot, and Building Permit No. 200-75 was issued for the construction of the small clubhouse (described in the permit as a "Pro Shop") on July 9, 1975. The four authorized tennis courts and the small clubhouse were then constructed during 1975 and 1976, and were placed into use. On December 24, 1992, the Building Department issued Building Permit No. 9595-92, for the extension and resurfacing of the tennis courts, extension of an existing fence, and relocation of the clubhouse. The permitted work was then 2 completed prior to the 1993 summer season, and this building permit was signed off by the Building Commissioner on May 21, 1996. 6. As noted above, the Beach Club Lot has been improved with structures relating to its use for beach purposes since a time prior to 1972. As a result of continuing erosion of the coastal bank upon the Beach Club Lot, various work has been done for the moving, removing, replacement and alteration of these structures over the years. On May 8, 1978, Building Permit No. 816-78 was issued for the relocation of one of these buildings. On October 10, 1984, Building Permit No. 3660-84 was issued for the relocation of another structure. On January 16, 1987, Building Permit No. 5155-87 was issued for the repair and replacement of a deck. On August 2, 1990, the Board of Appeals issued its decision in Case No. 045-90 granting relief by variance and special permit for the removal, replacement and relocation of structures throughout the Beach Club Lot (including the appurtenant easement area) as a result of recent severe erosion of the coastal bank. Pursuant thereto, on November 8, 1990, Building Permits Nos. 7642-90, 7646-90 and 7647-90 were issued for the performance of work authorized by the decision in Case No. 045-90; a Certificate of Occupancy for this work was issued on June 21, 1991. 7. Based upon the foregoing, it appears that all work done by Sankaty Head on the Beach Club Lot and the Tennis Courts Lot has been performed pursuant to building permits issued by the Nantucket Building Department, and within the scope of the zoning relief granted by the Board of Appeals. The decision in Case No. 017-75 authorized the construction of four tennis courts and a small clubhouse on the Tennis Courts Lot, without further definition, and that is exactly what is there today. The decision in Case No. 045-90 authorized the relocation and replacement of structures upon the Beach Club Lot and its adjacent appurtenant easement area, and that is exactly what is there today. 8. On October 31, 1995, the Applicants purchased a parcel of vacant land adjacent to the southerly boundary of the Tennis Courts Lot, shown as Lot 11 on Land Court Plan 9314-H, and proceeded to build a dwelling thereon. They have requested the Building Commissioner to take enforcement action against Sankaty Head for various alleged zoning nonconformities upon the Tennis Courts Lot and the Beach Club Lot, all of which have arisen in conformity with building permits issued by the Building Commissioner and which were in existence at the time that the Applicants purchased their property. Specifically, the Applicants have alleged the following violations from which they seek relief: 3 (a) Reconstruction and expansion of the tennis courts upon the Tennis Courts Lot after issuance of Building Permit No. 9595-92, with construction of new fencing. (b) Moving of the small clubhouse or "shed" upon the Tennis Courts Lot after issuance of Building Permit No. 9595-92. (c) Additional ground cover which is alleged to have arisen upon the Beach Club Lot resulting from work done following the issuance of Building Permits Nos. 7642-90, 7646-90 and 7647- 90 on November 8, 1990. (d) Failure to treat the Beach Club as a Major Commercial Development under Nantucket By-law X139-11 since on or before 1988. (e) Increased intensity of use of the Beach Club Lot to an extent allegedly inconsistent with the uses permitted in the zone where it is located. 9. The Board of Appeals, after hearing the Applicants' presentation and the other matters placed before it at the public hearing, found no basis for overturning the action of the Building Commissioner in refusing to take enforcement action with regard to these alleged violations. In fact, the work done upon the tennis courts and small clubhouse pursuant to Building Permit No. 9595-92 was in conformity with the Board of Appeals decision in Case No. 017-75, and no special relief was required for the additional fencing installed at that time. There is no basis for determining that the ground cover upon the Beach Club Lot was increased by the work done after the issuance of the 1990 building permits, pursuant to the zoning relief granted in Board of Appeals Case No. 045-90, and in any event more than six years has elapsed since this work was done pursuant to valid building permits, from which no appeals were timely filed by any party in interest, and accordingly this work is protected against enforcement by M.G.L. c.40A, ~7, and Nantucket Zoning By-law §139-25.C(2) Without specifically ruling upon Sankaty Head's contention that, as a nonprofit social and athletic club its activities are not commercial and that it is accordingly exempt from treatment as a Major Commercial Development, there is in any event no evidence of expansion upon the Beach Club Lot from 1979 to date which would trigger the applicability of the Major Commercial Development provisions, and furthermore no appeal was filed from the Building Commissioner's issuance of building permits without requiring a Special Permit under these provisions. The final allegation of generalized increase in intensity of use is unsupported and fails to specify any actual alleged violation; in fact, the only evidence presented at our hearing as to any changes in the intensity of use was the testimony by Sankaty Head's tennis professional for the last 4 eighteen years, that the use of the tennis courts upon the Tennis Courts Lot has declined over the last few years. 10. For the reasons stated, the Board of Appeals, by a UNANIMOUS vote, acted to deny the appeal filed by the Applicants from the decision of the Building Commissioner to deny the requested enforcement action. Dated: January `~, 1999 e1 Jh ~(~'~ ar Nancy J. Se~rr~gns . ~~~ William P. Hourihan, Jr. F:\WP\sankaty\ZBA Decision.doc RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 15 1999 TInnME: 3; ~a nom. ~1'~S~ CLERK: 5 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 37 WASHINGTON 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, NOVEMBER 20, 1998, in the CONFERENCE ROOM, TOWN ANNEX BUILDING, 37 WASHINGTON STREET, Nantucket, Massachusetts, on the Application of the following: SANKATY HEAD GOLF CLUB, INC., ALSO KNOWN AS SANKATY HEAD GOLF AND BEACH CLUB, INC./DONALD AND RINA MCCOUCH BOARD OF APPEALS FILE N0. 119-98 Applicants (McCouch) are appealing a Decision of the Nantucket Building Commissioner, dated October 2, 1998, denying enforcement action requested by the Applicants against Sankaty Head Golf and Beach Club, Inc. (aka Sankaty Head Golf Club, Inc.). Applicants allege that Sankaty Head expanded and altered their Tennis Courts and Beach Club property without proper permits from this Board being in place and with building permits having been issued by the Building Department for particular work without the proper authority to do so. Specific relief being sought by the Applicants is as follows: - The removal of the shed that is on the Tennis Court Lot; - The confinement/reduction of the footprint of the Tennis Courts to that of the Tennis Courts as originally constructed in or prior to 1976; - A ban on all future construction, alteration and/or reconstruction of structures on the Beach Club property, and removal of structures-not protected by permit, Variance or passage of time, until the ground cover ratio achieves that permitted as of right; and - Removal of the parking area from and a restriction on parking on the Tennis Lot. The Premises is SIASCONSET, Assessor's Land ~fiCi-~.~/~~an 9314-E; CT~~ G~~~~~~. The NANTUCKET, MA 02554 NOU 0 4 1998 located at 17 and 18 HOICKS HOLLOW ROAD, Map 23, Parcels 8, 9 and 11, and are Lot 1 on Lot A on Land Court Plan 10070-A; Lot 6 on Land property is zoned Limited-Use-General-3. "TIME: a~~ ~~ ~ .v~- 1S CLE K: ~ ~ J THIS NOTICE IS AVAILABLE ALTERNATIVE FORMATS , " (6ORr ~~$=721 ~ . ~ _ __ _ l~J f Dale W. Waine, Chairman IN LARGE PRINT OR C~THCR FOR ASS"ISTANCE LALL _ _,_ __ BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - Sankaty Head Golf Club, Inc., also known as Owner's name(s): Sanka v Head C;olf and Beach 1 ih, Inc. Mailing address: 100 Sanka v Aven ~ P 4. Box 293_ Siasc~nser MA m5~a Applicant's name: Donald and Rina M o ~ h Mailing address: 67 West Nills Road, Nei=~ ('anaan Location of lot: Assessor's map and parcel number Street address:l7&18Hoi_cl~ Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot 10070-A .o A , 9314-G Lot 6, 9314-E Lot 1 Date lot acquired: 23-9 10/25/73, 23.11 7f~q/Z~ 238 ( a~P ) 10/1/84 Deed Ref / Zoning district LI7S~ Cert . 6994 , Cert . 7431, Cert . 6994 (Doc . 30904 ) Uses on lot -commercial: None or MCD X - number of: dwellings duplex apartments rental rooms Building date(s): all pre-8/72? or C of O? 1990 to the present Building Permit appl'n Nos. 7641-90, 7642-90, 7643.90, 7644 90, 7645 90, 7646 90, 7647 90 and Case Nos. all BoA applications, lawsuits: 017-75, .n2~, 816.78, 3660-84, 155.87 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 if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A & B ,attach decision or orders appealed. OK to attach addendumZ Items enclosed as part of this Application: orders addendum2 Locus map X Site plan X showing present X + planned structures Floor plans present proposed elevations (HDC approved? ) Listing lot area * frontage X setbacks X GCR * parking data Assessor-certified addressee list 4 sets .X mailing labels 2 sets X $200 fee payable to Town of Nantucket .X proof3 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) I certify that the requested information submitted is substantially complete and true to the best my knowled e, under the pains and penalties of perjury. SIGNATURE: wit Attorneyfagej~ E ward Woll, Jr., Esquire Sullivan & Worcester One Post Office Square Boston, MA 02109 Attorney for Donald and Rina McCouch '(If not owner or owner's attorney, enclose proof of authority) FOR BoA OFFICE USE See Addendum for pertinent plans * Not yet determined For examples see Addendum ~2C~~vec~- Q~;~ o~ }ti.~.To~<~C.le~1< OCT 2 e iyy8 ~~~G~ -K Application copies reed: 4_ or _ for BoA on _/_/ by - One copy filed with Town Clerk on _/_/_ by complete? One copy each to Planning Bd and Building Dept _/_/_ by $200 fee check given Town Treasurer on _/ by waived? Hearing notice posted _/_/_ mailed _/_/_ I & M _/_/_, _/_/_ Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by _/_/_ made _/_/_ filed TC _/_/_ mailed _~_~_ See related cases lawsuits other ADDENDUM TO APPEAL FROM BUILDING INSPECTOR'S DENIAL TO ENFORCE NANTUCKET ZONING BY-LAWS ON THE SANKATY HEAD GOLF AND BEACH CLUB, INC. By letter dated September 23, 1998 the appellants, Donald and Rina McCouch (the "McCouches") requested Nantucket's Building Commissioner, John H. Dunn ("Mr. Dunn"), to enforce Nantucket's Zoning Bylaws against the Sankaty Head Golf and Beach Club, Inc., which is sometimes referred to as Sankaty Head Golf Club, Inc., (the "Club"). See Exhibit A attached hereto. Mr. Dunn rejected the McCouches' request by letter dated October 2, 1998. See Exhibit B attached hereto. The McCouches responded to Mr. Dunn's letter on October 6, 1998, that it was not appropriate for him to have determined the matter. See Exhibit C hereto. Pursuant to Nantucket Zoning By-law §§ 139-25 and 139-31 and Mass. Gen. L. ch. 40A, §§ 7, 8 and 15, the McCouches, as persons aggrieved, by their attorneys, hereby appeal from Mr. Dunn's decision. In support of their appeal, the McCouches state as follows: The Club consists of two noncontiguous properties. One property is devoted to golf activities (the "Golf Club") while the other offers swimming and tennis (the "Beach Club"). The Golf Club and the Beach Club properties are at some distance from each other. The McCouches own property abutting the Beach Club property. The Beach Club property consists of Parcel 9 (the "Pool Lot") and Parcel 11 (the "Tennis Lot") on Assessors Map 23. The Beach Club property also includes an easement on a portion of Parcel 8 on Assessors Map 23 to which the Club moved buildings for Club use. The Tennis Lot fronts on Hoicks Hollow Road. The Beach Club property and the McCouch property are in an LUG-3 zone. The zoning violations include but are not limited to those that resulted from construction that expanded the Beach Club following the issuance of Building Permit No. 9595-92, (the "1992 Permit"). The zoning violations from which the McCouches seek relief are as follows: (1) the construction done after issuance of the 1992 Permit which impermissibly reconstructed and expanded the tennis court area by close to 5000 square feet and installed new fencing to surround and divide four tennis courts, part of which is reconstruction as well as new construction and expansion within the side yard and front yard setback areas, (2) the construction done after issuance of the 1992 Permit which impermissibly moved a shed (the "Shed") to a different location on the Tennis Lot, (3) the additional ground cover resulting from work done after issuance of building permits in 1990 and the 1992 Permit which exceeds the permissible ground cover ratio for the Beach Club, -2- (4) the failure to treat the Beach Club as an MCD since in or before 1988, resulting in building permits being issued without the proper authority, and (5) the increased intensity of use of the Beach Club area to an extent wholly inconsistent with the use permitted in the LUG-3 zone in which it is located. The specific relief the McCouches seek includes: (1) the removal of the Shed that is on the Tennis Lot, (2) the confinement and reduction of the footprint of the tennis courts to that of the tennis courts as originally constructed in or prior to 1976, (3) a ban on all future construction, alteration, and/or reconstruction of structures on the Beach Club property, and removal of structures not protected by permit, variance or passage of time, until the ground cover ratio achieves that permitted as of right, and (4) removal of the parking area from and a restriction on parking on the Tennis Lot. A. The Construction after Issuance of the 1992 Permit Expanded the Tennis Court into the Setback Area without a Variance and Expanded the Non-Compliant Use without a Variance. Tennis was not a Beach Club activity in 1972 when the Zoning Bylaw was adopted in Nantucket. The Zoning Bylaw adopted in 1972 did not allow tennis courts in an LUG-3 zone except if grandfathered as a nonconforming use unless the tennis court was attached to a residence. The Beach Club did not acquire the Tennis Lot, Parcel 11 on Assessors Map 23, until July 14, 1975. In 1975, the Beach Club obtained a use variance that allowed the construction of tennis courts on the Tennis Lot. See Exhibit D attached hereto. No plans for the tennis courts constructed in 1975 appear to have accompanied the use variance application in 1975.' The ZBA did not grant a dimensional variance. The tennis courts and fencing built in 1975 were partially within the thirty-five (35') foot front yard and twenty (20') foot side yard setbacks specified for No plans for the Tennis Court dated 1975 or 1976 were found in the Building Department files. -3- an LUG-3 district.2 See plan of Tennis Lot, Pool Lot and easement area by Hart Blackwell Assoc. dated January 12, 1990 attached as Exhibit E hereto. The frontage for the Tennis Lot has been Hoicks Hollow Road. "Frontage" has been defined as "the boundary between a lot and an abutting street measured along a single street line affording legal and practical access to the lot." Nantucket Zoning Bylaw §§ 139-2. The LUG-3 front yard setback has always been thirty-five (35) feet. The actual front yard setback of the tennis courts as originally built ran about nineteen (19) feet to about twenty-one (21) feet from Hoicks Hollow Road. The LUG-3 side yard setback is twenty (20) feet. The tennis court appears to have been built about two feet eleven inches from the side yard lot line. The January 12, 1990 plan shows a court 202 feet and 9 inches long by 60 feet wide, with the Shed on the east end of the tennis courts. The 1990 Bylaw included "game court" in the definition of "Structure". A game court was thereafter subject to the dimensional setback requirements of an LUG-3 zone. Therefore, the existing tennis courts on the Tennis Lot became pre-existing nonconforming uses and dimension- ally nonconforming structures. In 1992 the Club applied to expand and reconstruct the tennis courts and the fencing and obtained Building Permit No. 9595-92 dated December 24, 1992 to do so. See Exhibit F attached hereto. The Building Permit describes the work as "tennis court extension and resurfac- ing", "extend existing fence", and "relocate existing structure". The new tennis courts appear to be 240 feet long by 61 feet and 3 inches wide according to the plan by Bentley and Churchill dated July 1993. See Exhibit G attached hereto. The Club did not apply for or obtain a variance or special permit. The extensions encroached further within the front and side yard setbacks. The reconstruction and the new fencing fell within the front and side yard setbacks. See Plan dated August 18, 1993 attached hereto as Exhibit H. The alteration, expansion and reconstruction exacerbated the Tennis Club's illegal nonconformities. The application for Building Permit No. 9595-92 left blank, i.e. not filled out, section 4 on Zoning Compliance and, as noted, was not accompanied by an application for a variance or even for a special permit that would be required for an alteration, expansion or reconstruction of a legal nonconforming use or structure. The 1993 construction after issuance of the 1992 Permit was not sanctioned by a variance to permit an increase in the nonconforming setback. Plans submitted by the Beach Club to the ZBA show the expansion and the zoning ` A tennis court was not expressly included as a structure in the 1975 Bylaw. If the tennis court fence was a structure, no variance was obtained in 1975 to construct it within any setback area. See Bylaw as amended August 1974 and June 1975. -4- violations. See Plan dated August 18, 1993 attached hereto as Exhibit H. The existing tennis courts are an illegal use and structure and not just a nonconforming use or structure. B. The Movement of the "Tenni " hed on he Tenni .o in 199 R gnirPrl a Variance. The Shed is described as a "pro shop" and as having a 112 square foot footprint in Building Permit Application No. 200-75, dated July 9, 1975. The Shed was added to Parcel 11, the Tennis Lot, in 1975 and located within the neck of land close to the Pool Lot, Parcel 9 on Assessors Map 23. See Exhibit I attached hereto. The Shed was ancillary to the tennis courts which were an illegal use in 1975, but the tennis court use was allowed by variance in 1975. There was no variance or special permit sought or obtained for the. Shed in 1975. In 1978, the Shed, still referred to as a "pro shop", was relocated to be closer to the tennis courts. See Building Permit No. 816-78, May 8, 1978 attached hereto as Exhibit J.3 There was no variance or special permit sought or obtained for the Shed or its relocation in 1978. The Shed was described in a January 12, 1990 plan as a "1 story wood frame tennis court service building" and is shown to have been moved again to the east end of the tennis courts. Apparently the Shed's use as a "pro shop" was abandoned sometime between 1978 and 1990. Moreover, the movement of the shed on the Tennis Lot from its original position lost any grand- fatheredprotection which it may have had prior to that time. The Shed was relocated again after issuance of Building Permit No. 9595-92 dated December 24, 1992 to the top of the hill overlooking the tennis courts. It appears that the Shed was reconstructed and altered at that time. See placement of Shed in Exhibit K attached hereto compared to that in Exhibits I and J. There was no variance or special permit sought or obtained for the Shed or for its relocation. C. The Construction after Icsuance of the 1992 Permit F,xacerbated the Already Nonconforming and Excessive round over Ratio of h .Reach C''1 ~h_ The Beach Club was permitted under the 1975 Nantucket Zoning Bylaw a ground cover ratio of three percent of the Pool Lot. In 1990 the ZBA determined that the Beach Club initially had, i.e. in 1972, a total of 8884 square feet of grandfathered ground cover.4 See Exhibit L ' The application for Building Permit No. 816-78 describes the Shed as having footings of 6 x 20, or covering 120 square feet. Since at least 1987, "Ground Coverage Ratio" included "[t]he area at grade of the lot (continued...) _5- attached hereto. The current actual ground cover on all the Beach Club property comprises about 11,135 square feet of buildings and about 4000 square feet of pool and pool escarpment. See Exhibit L with accompanying table attached hereto. Since at least 1987, "Ground Coverage Ratio" included "The area at grade of the lot covered by buildings or structures divided by the total area of the lot. For the purpose of determining ground cover ratio, exclude ... residential, uncovered, in-ground swimming 1~~. "5 (Emphasis added). The swimming pool at the Beach Club is not a residential swimming pool, and the Beach Club is not a residential use and such a use is not otherwise permitted as of right in an LUG-3 zone. All excess grandfathered ground cover, i.e. in excess of what the Beach Club could have as of right, has been eliminated by demolition, movement of buildings or construction of new buildings since 1972. It is a matter of public record that the Beach Club has abandoned almost all of the building ground cover that was grandfathered in 1972. For example, in 1990 the Beach Club demolished two structures of about 2760 square feet and relocated five others, which had a combined area of about 7680 square feet. Id. See Building Permits numbered 7641-90 through 7647-90 in Exhibit M attached hereto [7641-90 is missing]. Since 1972, there has been substantial erosion of not only the coastal bank but also the beach so that the high tide line is significantly different today than it was in 1972. See Aerial photos in Exhibit N attached hereto. In other words, the Pool Lot has significantly decreased in size since 1972. At a ground cover ratio of three (3%) percent, permissible ground cover is most likely somewhere between 5500 and 6000 square feet. D. The Beach Club Is a Major Commercial Developm n (~~MCD")., The Beach Club is a fee operated business that provides eating, recreation, and related services. Fees are charged for membership and services, presumably both as an initial or initia- tion fee and as an annual fee, including most likely as well periodic interim assessments. There (...continued) covered by buildings or structures divided by the total area of the lot. For the purpose of deter- mining ground cover ratio, exclude ... residential, uncovered, in-ground swimming pools." Emlzha„sis added. (The October 1996 version of the Zoning Bylaw has a slightly different word- ing of that exclusion from the ground cover ratio, i.e. "uncovered in-ground residential swim- mingpools".) The swimming pool at the Beach Club is not a residential swimming pool, and the Beach Club is not a residential use and such a use is not otherwise permitted as of right in an LUG-3 zone. ' The October 1996 version of the Zoning Bylaw has a slightly different wording of that exclusion from the ground cover ratio, i.e. "uncovered in-ground residential swimming pools." -6- are probably separate fees for tennis, beach and golf use as well as for other facilities and uses. There are in addition contemporaneous charges for products, services, meals and other uses such as facilities rentals for functions for example. Tennis equipment, supplies and lessons are also sold on the Beach Club property. The Club has described itself as having commercial uses. See Board of Appeals applica- tion in Exhibit O attached hereto. There can be no dispute regarding the Club's status as a commercial6 establishment. There are about 11,135 square feet of buildings in the Beach Club development consisting of the pool lot, the tennis lot and the easement area and an additional 4000 square feet of pool and pool equipment or patio. These include a restaurant, a pro shop, other retail facilities and employee, kitchen and other supporting areas. The commercial space includes at least three of the cabanas, the restaurant, and the frame cottage, as follows:' Building Description Area A One story wood frame restaurant 3900 feet B One story wood frame cabana on piers 2000 feet C One story wood frame cabana on piers 650 feet approx. remaining on Lot 23-9 D One story wood frame cabana on piers 847 square feet E One story wood frame cottage on piers 75 square feet remaining on Lot 23-9 Total Square Footage: 7472 square feet When one adds the 120 square foot Shed, the total commercial space increases to 7,584 square feet, or almost twice the 4,000 square foot MCD threshold. The Nantucket Zoning Bylaw § 139-11A in 1992 has required Planning Board approval for any commercial use which would constitute a Major Commercial Development ("MCD"). Prior to the work done pursuant to the 1992 Permit, the Beach Club was an MCD as defined in Section §§ 139-11B(1)-(3), (5) and (6). The Beach Club, having failed to seek Planning Board approval, was without authority to complete the work described in the 1992 Permit. The 1992 6 The Bylaw defines "Commercial" "as in a trade, occupation, or business, including a transient residential facility, but excluding governmental, religious or private residential uses." The letter designations for the buildings appear on a plan dated January 12, 1990 in Exhibit E attached hereto and appear to have been used reasonably consistently in zoning and other applications to various town bodies since then. See for example Exhibit K attached hereto. -7- Permit and those issued in 1990 were invalid because the ZBA was without the power to exercise jurisdiction over and allow the changes to the Beach Club when it was issued. The Beach Club was otherwise without authority to do the work performed after issuance of the 1992 Permit. The Beach Club is admittedly aware of its potential status as an MCD and subject to the requirements set out in Section § 139-11B of the Nantucket Zoning Bylaw. For example, in 1998 the Beach Club submitted a new application to remove a building located on the Pool Lot and to construct a new building on the Tennis Lot. In support of its application, the Club asserted that the ZBA had determined in ZBA Appeal No. 66-97 that there had been 3,770 square feet of commercial structures added to the Beach Club since 1979. ZBA Appeal No. 66-97 decision in the proceeding involving Building Permit No. 66-97 dealt only with building and construction on the Golf Club property which is separate and some distance from the Beach Club property and is therefore a separate parcel pursuant to Section § 139-11B. See Addendum of Golf Club Building Dates in Exhibit P attached hereto. Since the Club is apparently subject to Planning Board jurisdiction, the burden is on the Club to show affirmatively that 1) it has not abandoned by demolition, relocation or otherwise any commercial structure or use grandfathered in 1979, and 2) that it has not expanded since 1979 in ways that constitute an MCD pursuant to Section § 139-11B. A principal question is how to apply the grandfathering provision of Section § 139-11C to the history of the Beach Club expansion. Section § 139-11C allows a preexisting MCD to avoid the special requirements of Section § 139-11 until its aggregate expansion, since 1979, independently meets one of the definitions of an MCD contained in Section § 139-11B. There is inadequate documentation to establish whether or not the Beach Club has expanded so much since 1979 that it now requires an additional twenty (20) parking spaces pursuant to Section § 139-18, Subsection B(3), although it appears to be the case, or generates an additional 10,000 gallons of wastewater per day, Subsec- tion B(6). The parking requirements are mandated by building use and size, restaurant facilities, the bleachers or viewing seats of over a hundred running feet built into the hill by the tennis courts and the pool, among other facilities. However, the McCouches assert that such determina- tions, along with others, were required prior to issuance of the 1992 Permit. In any event, the Nantucket Planning Board would be the body with jurisdiction to have made such a determina- tion. E. The Increase in Use Has Intensified So MLCh as to Violate the Zoning Bylaw. A simple visual comparison of the 1971 to the 1997 aerial photograph (Exhibit N) and the removal, reconstruction, expansion and movement of buildings since 1972 demonstrates the extraordinary increase in intensity of use and in the types of uses of the land that originally had a very limited scope of use. The Beach Club has profoundly multiplied the intensity of the use of the property through a succession of construction, sometimes with permits and variances, and -$- sometimes without. The aggregate accretion oftwenty-six (26) years of uses has worked so substantial a change that any further change, other than an abatement of use, would exceed the permit granting authority of the ZBA. The accretion has been accomplished by: the imposition of a tennis use on the Beach Club property; ii. since 1972, the increase by a factor of three (3) or more of the area of impervious surfacesg on Parcels 9 and 11 of Assessors Map 23; iii. a large enough increase in Sankaty Beach Club membership to require a freeze on membership; iv. the expansion of the need for parking facilities beyond those that exist and the expansion of all other facilities; and v. the expansion of area used for commercial purposes. F. The Violations Complained of Are not Protected. There is a limited safe harbor for non-compliant structures and uses. A statute of limitations, Mass. Gen. L. c. 40A, § 7, exempts from enforcement actions six years after commencement of the alleged violation structures built and uses made in conformity with a building permit illegally issued, and exempts from enforcement ten (10) years after commence- ment of the alleged violation structures illegally built and illegal uses introduced without a building permit. See also Nantucket Zoning Bylaw §139-25(c). However, in no instance does that statute or any other statute or regulation transform an illegal structure or use into a non- conforming lawfully pre-existing structure, i.e. treat it as though it had been grandfathered. Therefore, a landowner cannot bootstrap an expansion of an illegal structure or use. More- over, any "otherwise-permitted alteration, reconstruction, extension or structural change" as to a residential building, which is not the case here, must be governed by maximum ground cover limitations." Zoning Bylaw § 139-16A. There is no authorization that allows any impairment or aggravation of ground cover limitations for structures which are not of residential character. The Zoning Bylaw defines impervious surfaces as including Paved or Graveled Areas, Walkways and Sidewalks, Patios, Decking, Game Courts, Pools, Tennis Courts, Buildings and Other Structures and Areas Designated for Parking. If any part of the site contains a commercial building or is used for commercial purposes, 20% of the area must be free from impervious structures and impervious surfaces. ~ Zoning Bylaw § 139-16E. A comparable provision applicable to an MCD increases to 30% the percentage that must be free from impervious struc- tures and surfaces. Zoning Bylaw § 139-11(g)(1) and (2). -9- Similarly, no special permit can be granted that would sanction the extension or aggravation of a nonconforming distance. Zoning Bylaw § 139-33A(5). G. The Red ~ cted R li f Again, the specific relief the McCouches seek includes: (1) the removal of the Shed that is on the Tennis Lot, (2) the confinement and reduction of the footprint of the tennis courts to that of the tennis courts as originally constructed in or prior to 1976, (3) a ban on all future construction, alteration, and/or reconstruction of structures on the Beach Club property, and removal of structures not protected by permit, variance or passage of time, until the ground cover ratio achieves that permitted as of right, and (4) removal of the parking area from and a restriction on parking on the Tennis Lot. For the above-stated reasons, the McCouches re est the ZBA to grant the zoning relief set out above. l7 Edward Woll, Jr. Attorney for Donald and Rina P. McCouch Sullivan & Worcester LLP One Post Office Square Boston, MA 02109 E:~EDW~MCOUCH 1~ZBAI.APP:10/22/98 =-- --_---- ~--- - ---- R E 344, 000. <~03 ~ T Z ~~~~~~~ ~~L 1S _ O ~ o Z ~ ~ Z O r ODOO; O Z N 3D m i m=a K D n m 0 o = T < -' Z ~ p'-°Z N - m~ 0 ~ 2 i ~ Z 2~ . n ^ Z N T OOZ , . - !1 N T v ~ A ~ Z Q D m 7 ~ n ~ y v O NZ D n O o f > s ~ m v N N A ~ ~ r _ ~ - e I T N z Z N ~ v G o s c ~ M 1 O s A A r G ~ e ' s c y ~ s r o o i v : y P ~, o a = i y ~ /C~ S O C ~ y O ~ V 'j l Z y Z ~ O ~ , .' ~ O P ~ _ ~ f r s - - ~w~ ~ ~- : V D w o r 1 0 ! 0 i~ n - p 0 1 n s 1 • l1 J ~ ,^ _ ~ ~ ~~ ~~ ~~f c _ .V ~ ~ C !'~ II „~ ~ I' I $g ~ V i ~ g ~ . /'~ ~' v r~ ~ 7- --~ •; .- Pt- :~Y v ` a ~ \,~ v a:,., ~"l` x~ ? ~ ~ ooV ~ ,~~yN' N," ~ ~; '. iR ~. ~~~!', `';u` `\G ~1 o ~~ ia~ 0 ~~ ~~t.c e\; e~ ~, e _ o o , n h i,. ; ~ C,: ~ ~ 9 p ~ 1~ O 0 ~~' i~ ~ , ~h~ ~ ~~~ ~' ~, ~ , a . ° q . . ~ ~, ` ` ~ '~R,p ~~\~ ~ ~ ~..., y~i ~ ~ ~ ~ 0 0~~ ~~ `1 Y;`\ O -. _ .gip' O ~ I o y F ~ a ~J C '•, - ~ ~ ~ 0 ~ o r: D ~ - r n 9 SULLIVAN & WORCESTER LLP ONE POST OFFICE SQUARE BOSTON, MASSACHUSETTS 02109 (617) 338-280 IN WASHINGTON, D. C. 1025 CONNECTICUT AVENUE, N.W. SAX NO. 617-338-2880 WASHINGTON, D. C. 20036 (202) 77S - 8190 FA% NO. 202 293-2275 September 23, 1998 Nantucket Building Inspector Nantucket Building Department Town and County Building Nantucket, Ma 02554 Dear SirlMadam: IN NEW YORK CITY 767 THIRD AVENUE NEW YORK, NEW YORK 10017 (212) 4 B 6 ~ B 200 FA% NO. 212 - 758 ~ 2i 51 This letter is being submitted on behalf of Donald and Rina P. McCouch (the "McCouches") of 4 Black Walnut Lane, Siasconset, MA 02564 pursuant to Mass. Gen. L. ch. 40A, § 7 and Nantucket Zoning Bylaw Section 139-26A(1). The McCouches hereby request relief from zoning violations of the Nantucket Zoning Bylaws by the Sankaty Head Golf and Beach Club, Inc. (the "Club"). The relevant statutes and the Nantucket Zoning Bylaw provide that your office has 14 days from the date hereof to respond to this request. The Club consists of two noncontiguous properties. One property is devoted to golf activities (the "Golf Club") while the other offers swimming and tennis (the "Beach Club"). The McCouches own property abutting the Beach Club property. The Beach Club property consists of Parcel 9 (the "Pool Lot") and Parcel 11 (the "Tennis Lot") on Assessors Map 23. The Beach Club property includes an easement on land adjacent to the Pool Lot for buildings moved to there and used by the Beach Club (the "Easement Area"). The Tennis Lot fronts on Hoickes Hollow Road. The Beach Club property and the McCouch property are in an LUG III zone. The zoning violations include but are not limited to those that resulted from construction that expanded the Beach Club following the issuance of Building Permit No. 9595-92, (the "1992 Permit"). The zoning violations from which the McCouches seek relief are as follows: (1) the construction done after issuance of the 1992 Permit which impermissibly reconstructed and expanded the tennis court area by close to 5000 square feet and installed new fencing to surround and divide four tennis courts, part of which is reconstruction and expansion within the side yard and front yard setback areas, (2) the construction done after issuance of the 1992 Permit which impermissibly moved a shed (the "Shed") to a different location on the Tennis Lot, Nantucket Building Inspector September 23, 1998 Page 2 (3) the additional ground cover resulting from work done after issuance of Permits in 1990 and the 1992 Permit which exceeds the permissible ground cover ratio for the Beach Club, (4) failure to treat the Beach Club as an MCD since in or before 1988 and work done since that time, and (5) the increased intensity of use of the Beach Club area to an extent wholly inconsistent with the use permitted in the LUG-III zone in which it is located. The specific relief the McCouches seek includes: (1) the removal of the Shed that is on the Tennis Lot, (2) the confinement and reduction of the footprint of the tennis courts to that of the tennis courts as originally constructed in or prior to 1976, (3) a ban on all future construction, alteration, and/or reconstruction of structures on the Beach Club property, and removal of structures not protected by permit, variance or passage of time, until the ground cover ratio achieves that permitted as of right, and (4) removal of the parking area from and a restriction on parking on the Tennis Lot. A. The Construction after Iccuance of the 1992 Permit F,x.~anded the Tennic Court into the Setback Area without a Variance and Expanded the Non-Com liant ce without a Variance. Tennis was not a Beach Club activity in 1972 when the Zoning Bylaw was adopted in Nantucket. The Zoning Bylaw in effect in the 1970's did not allow tennis courts in an LUG-III zone except if grandfathered as a nonconforming use unless the tennis court was attached to a residence. The Beach Club did not acquire Parcel 11 on Assessors Map 23, the Tennis Lot, until July 14, 1975. (See Tennis Lot title). In 1975, the Beach Club obtained a use variance to construct tennis courts on the Tennis Lot. No plans for the tennis courts constructed in 1975 appear to have accompanied the use variance application in 1975.' The ZBA granted at most a use variance and did not grant a dimensional variance. The tennis courts and fencing built in No plans for the Tennis Court constructed in 1975 or 1976 were found in the Building Department files. Nantucket Building Inspector September 23, 1998 Page 3 1975 were partially within the front yard and side yard setbacks specified for an LUG-III district.2 A Zoning Bylaw amendment in 1990 included a game court as a structure. Therefore, the existing tennis courts on the Tennis Lot became pre-existing nonconforming uses and dimension- ally nonconforming structures.3 The Beach Club applied in 1992 to expand and reconstruct the tennis courts and the fencing and obtained Building Permit No. 9595-92 dated December 24, 1992 to do so. The reconstruction, the new structures and extensions of the courts and fencing fell within the front yard and side yard setback. The Building Permit application was not accompanied by an application for a variance or even for a special permit that would be required for an alteration, expansion or reconstruction of a nonconforming use or structure. The applica- tion for Building Permit No. 9595-921eft blank, i.e. not filled out, section 4 on Zoning Compli- ance. The 1993 construction after issuance of the 1992 Permit was not sanctioned by a variance to expand the use or to invade further the setback area. Plans submitted by the Beach Club to the ZBA show the expansion and the zoning violations. B. The Movement of the "Tennis" Shed on the Tennis Lot in 1993 Reglli~d a Variance. The Shed, described as having a 112 square foot footprint, was added to Parcel 11 on Assessors Map 23 in 1975. The Shed was described as a "pro shop" in Building Permit Applica- tion No. 200-75, dated July 9, 1975 and was located within the neck of land close to Parcel 9 on Assessors Map 23. Asa "pro-shop", the Shed was ancillary to anon-permitted use, the expan- sion of which should have been the subject of a variance application itself. There was no variance or special permit sought or obtained for the Shed in 1975. In 1978, the Shed, referred to still as a "pro shop", was relocated to be closer to the tennis courts. (Building Permit No. 816-78, May 8, 1978).° There was no variance or special permit sought or obtained for the Shed or its relocation in 1978. The Shed was described in a January 12, 1990 plan as a "1 story wood frame tennis court service building". Whatever use the Shed had as a "pro shop" before the move in 1990 was abandoned. Moreover, the movement of the shed on the Tennis Lot from its original position lost any grandfathered protection which it may have had prior to that time. A tennis court was not a structure in 1975. If the tennis court fence was a structure, no variance was obtained in 1975 to construct it within any setback area. ° According to the application for Building Permit No. 816-78, the Shed is described as having a square footage of 120 square feet. Nantucket Building Inspector September 23, 1998 Page 4 The Shed was relocated again after issuance of Building Permit No. 9595-92 dated December 24, 1992. There was no variance or special permit sought or obtained for the Shed or for its relocation. C. The Construction after Issuance of the 1992 Permit Exacerbated the Already Nonconforming and Excessive Ground Cover Ratio of the Beach Club. The Beach Club was permitted under the 1975 Nantucket Zoning Bylaw a ground cover ratio of three percent of the Pool Lot. In 1990 the ZBA determined that the Beach Club initially had, i.e. in 1972, 8882 square feet of grandfathered ground cover, which amount did not include the pool. The current actual ground cover on the Beach Club property comprises about 11,135 square feet of buildings and about 4000 square feet of pool and pool escarpment. At a ground cover ratio of three (3%) percent, permissible ground cover is most likely somewhere between 5500 and 600 square feet. All excess grandfathered ground cover, i.e. in excess of what the Beach Club could have as of right, has been eliminated by demolition, movement of buildings or construction of new buildings since 1972. It is a matter of public record that the Beach Club has abandoned almost all of the building ground cover that was grandfathered in 1972. For example, in 1990 the Beach Club demolished two structures of about 2760 square feet and relocated five others, which had a combined area of about 7680 square feet. Also, since 1972, there has been substantial erosion of not only the coastal bank but also the beach so that the high tide line is significantly different today than it was in 1972. In other words, the Pool Lot has significantly decreased in size since 1972. D. The Beach Club Is a Major Commercial Development ("MCD„~ The Beach Club is a fee operated business which is intended to provide eating, recrea- tional, support and other related facilities. Fees are charged for membership, presumably both as an initial or initiation fee and annual fees, including most likely as well periodic interim assess- ments. There are probably separate fees for tennis, beach and golf membership and/or facilities use. There are in addition contemporaneous charges for products, services, meals and other uses of the facilities. Tennis equipment, supplies and lessons are also sold on the premises. There are about 11,135 square feet of buildings in the Beach Club development consist- ing of the pool lot, the tennis lot and the easement area and an additiona14000 square feet of pool and pool equipment or patio. These include a restaurant, a pro shop, other retail facilities and employee, kitchen and other supporting areas. The Nantucket Zoning Bylaw § 139-11A in 1992 required Planning Board approval for any commercial use which would constitute a Major Commercial Development ("MCD"). Prior to the work done pursuant to the 1992 Permit, the Beach Club was an MCD as defined in Section 139-11B(1)-(3), (5) and (6). The Beach Club, having failed to seek Planning Board approval, Nantucket Building Inspector September 23, 1998 Page 5 was without authority to complete the work described in the 1992 Permit. The 1992 Permit and those issued in 1990 were invalid because the ZBA was without the power to exercise jurisdic- tion over and allow the changes to the Beach Club when it was issued. The Beach Club was otherwise without authority to do the work performed after issuance of the 1992 Permit. The Beach Club is admittedly aware of its status as an MCD and subject to the require- ments set out in Section 139-11B ("Subsection B") of the Nantucket Zoning Bylaw. For example, in 1998 the Beach Club submitted a new application to remove a building located on the Pool Lot and construct a new building on the Tennis Lot. In support of its application, the Club asserted that the ZBA had determined in ZBA Appeal No. 66-97 that there had been 3,770 square feet of commercial structures added to the Beach Club since 1979. The ZBA decision in the proceeding for Building Permit No. 66-97 referred to a letter from the Club analyzing the commercial structures. The Club included within its calculations buildings and construction on the Golf Club property which is separate and some distance from the Beach Club property and is therefore a separate parcel pursuant to Subsection B. The Club further argued that removal of a 337± square foot structure (which is believed to have been Building I) and building another 360 square foot building for a net gain of 22 1/2 square feet left, according to the Club, 3,792.5± square feet of commercial structures added since 1979. Building I had been previously repre- sented in a January 12, 1990 plan as having 234 square feet. In any event, the 337± square feet is an abandonment of a pre-1979 commercial structure and therefore could not be deducted from the total number of commercial structures added since 1979. Since the Club is apparently subject to Planning Board jurisdiction, the burden is on the Club to show affirmatively that 1) it has not abandoned any commercial structure or use grand- fathered in 1979, and 2) that it has not expanded since 1979 in ways that constitute an MCD pursuant to Subsection B. A principal question is how to apply the grandfathering provision of Section 139-11C ("Subsection C") to the history of the Beach Club expansion. Subsection C allows a preexisting MCD to avoid the special requirements of Section 139-11 until its aggregate expansion, since 1979, independently meets one of the definitions of an MCD contained in Subsection B. There is inadequate documentation to establish whether or not the Beach Club has expanded so much since 1979 that it now requires an additional twenty (20) parking spaces pursuant to Section 139-18, Subsection B(3), although it appears to be the case, or generates an additional 10,000 gallons of wastewater per day, Subsection B(6). However, the McCouches assert that such determinations, along with others, were required prior to issuance of the 1992 Permit. In any event, the Nantucket Planning Board would be the body with jurisdiction to have made such a determination. E. The Increased Intercity of Uce Hac Accreted So ac to Violate the Zoning Bylaw. A simple visual comparison of the 1971 to the 1997 aerial photograph (App. A and B respectively) and the removal, reconstruction, expansion and movement of buildings since 1972 demonstrates the extraordinary increase in intensity of use of the land and types of uses that originally had a very limited scope of intensity and use. The Beach Club has profoundly multi- - Nantucket Building Inspector - September 23, 1998 Page 6 plied the intensity of the use of the property through a succession of construction, sometimes with permits and variances, and sometimes without. The aggregate accretion of twenty-six (26) years of uses has worked so substantial a change that any further change, other than an abatement of use, would exceed the permit granting authority of the ZBA. The accretion has been accomplished by: i. the imposition of a tennis use on the Beach Club property; ii. since 1972, the increase by a factor of three (3) or more of the area of impervious surfaces on Parcels 9 and 11 of Assessors Map 23; iii. a large enough increase in Sankaty Beach Club membership to require a freeze on membership; iv. the expansion of the need for parking facilities beyond those that exist and the expansion of all other facilities; and v. the expansion of areas used for commercial purposes. For the above-stated re~ens, the McCouches request the zoning relief set out above. Very truly yours, Ed~ard~Voll, Jr. Attorney for Donald and Rina Sullivan & Worcester LLP One Post Office Square Boston, MA 02109 E:\ED W\MCOUCH 1 \BUILDING.LET:9/22/98 T Sarah F. Alger McCouch Attorney for Donald and Rina P. McCouch Sarah F. Alger, P.C. Two Union Street Nantucket, MA 02554 ' The Zoning Bylaw defines impervious surfaces as including Paved or Graveled Areas, Walkways and Sidewalks, Patios, Decking, Game Courts, Pools, Tennis Courts, Buildings and Other Structures and Areas Designated for Parking. If any part of the site contains a commercial building or is used for commercial purposes, 20% of the area must be free from impervious structures and impervious surfaces. S~ Zoning Bylaw § 139-16E. A comparable provision applicable to an MCD increases to 30% the percentage that must be free from impervious structures and surfaces. Zoning Bylaw § 139-11(g)(1) and (2). x~ ~ ~r ~. _r~ x` ~. ~ . T, ~,' -~ •;:, ~.. ~. ~. tr.~ ,:t' ~~. ~' ~ r t- .r ~~ ~ i y. '~ :~ tY ~ C ~Z. .~~ ~ t . '~ ~~' ~~~ `w -r {/ ~t _ ~•.4 _, 4, f ' ~; t ,; n ~` ~~ ` t -• `~ t' .~ ', ".~ >, '`" i rh 1971 w x~ .r t~ ~; - : ~.r 3T k _4. t r~ ~'~. :~ f . r~ r / t X October 2, 1998 Telephone b08-22$-?222 Tale Fax 508-22&7249 Sarah F. Alger Attorney for Donald and Rena P. McCouch Two Union Street Nantucket, Ma. 02554 Re; Sankaty Beach Tennis Club (gyp ~3 p~c~ 11 & 9) Dear Sarah: After review of the above property in question, I find no violation present on the properr3'- John H. Dunn BI[ildtn~ C-ommissioner The property has never required a M.C.D. review, as the limits have never been exceeded requiring the M.C.D. review. The club is recreational facility and provides pool, beach and tennis use. Also the total area is of educational use as a tennis pro and pro shop are on the tennis site and the pro is providing teaching instruction to the playoffs. The permits the club has applied for and hc,)ds have 21 day appeal periods. Seven year control back on zoning control which pretty much covrrs all of the existing activities on the giustioned property- Yours t ~R t ohn fi. Dunn Building Commissioner BUILDING AND CODE ENFORCEMENT DEPT. TOWN HUII,DIIVG ANNEX 37 WASHINGTON STREET NANTUCKET, MASSACH[JSET'1'S 02554 Sarah F. Alger, P.C. Attorney at Law Two Union Street, Nantucket, Massachusetts 02554 Telephone (508) 228-1118 Facsimile (508) 228-8004 E-Mail sfa@nantucket.net October 6, 1998 BY HAND John H. Dunn, Building Commissioner Nantucket Building Department Town Building Annex 37 Washington Street Nantucket, Massachusetts 02554 Dear Mr. Dunn: I have given a lot of thought to your reaction to Donald and Rina P. McCouch and to their enforcement request, which I filed with you on Friday morning, September 25, 1998 on their behalf . I have, as you are aware I am obligated to do, informed my co-counsel, Edward Woll, of the content of our meeting. The McCouches have also been informed of the content of the meeting. The McCouches feel, and neither Mr. Woll nor I disagree, that your remarks regarding the McCouches were entirely inappropriate. Based on that encounter on September 25, 1998, I did not anticipate any result other than a rejection of the request for relief. I received from you this morning in the mail the determination letter of October 2, 1998 in which you, on behalf of the Building and Code Enforcement Department, refuse any enforcement. Given the attitude you expressed on September 25th toward the McCouches, and in light of your October 2nd letter, the McCouches feel, with Mr. Wolf s and my concurrence, that it was decidedly inappropriate for you to have involved yourself in the decision of whether to enforce the alleged zoning violations or not. Therefore, on behalf of the McCouches, I suggest that someone else in the Building Department should have determined whether to enforce the zoning violations alleged and that you should have isolated yourself from that decision. . • Sarah F. Alger, P.C. John H. Dunn, Building Commissioner October 6, 1998 Page Two Upon your reflection and recall of that meeting, I am sure you will readily understand why this suggestion is being made. Ver trul y rs, ~~ arah F. Al er, on behalf of Donald and Rina P. McCouch SFA/ cc: Edward Woll, Jr., Attorney Sullivan & Worcester One Post Office Square Boston, Massachusetts 02109 Mr. and Mrs. Donald McCouch 67 West Hills New Canaan, Connecticut 06840 f:\wp\mccouch\dunn letter.doc • 4~. 1T/~1i\T'l1Tl ~' iC `~ =~~ w ir, _,. A public hearing will be held on June 24, 1975 at 8:00 P.M., at the TOj9N BUILDING, BROAD and FEDERAL STREETS, NANTUCKET, MASS., on the application of SAN- KATY HEAD BEACH CLUB, INC., from Section IVA of the provisions of the existing Town of Nantucket Zoning By-Law. The variance, if granted, would allow Sankaty Head Beach Club, Inc. to use the premises for the con- struction and operation of tennis courts. The premises consist of two acres of vacant land located on BEACH CLUB ROAD, SIASCONSET, MASS. The premises are zoned LUG-3. Wayne F. Holmes Harriet Backus 0. E. Hyde THE COMMONWEALTH OF MASSACHUSETTS pantucket GTY OR TOWN BOARD OF APPEALS ..--• ..............June 26._...._._.__....---...._1975 NOTICE OF VARIANCE Conditional or Limited Variance or Special Permit (General I.awa Chapter 40A, Section 18 as amended) Notice is hereby given that a d Variance 'has been granted To______________ Sankaty_-Head-_ Golf Club 2 Inc: _ __ _ _ ___________________ Uwner or Petitioner Address-----------------------------------------------------•--------------------........------•--------------•------•---------------•----------- Ciry or Town.___.._Siasconset_~__ Mass__.02564 Parcel situated at Beach Club Road - Lot 6 L . C . P 1 an 9 314 C . T . 119~~ Lsnd Affected by the Town of_..__..Nantucket_________________________________________________Board of Appeals affecting the rights of the owner with respect to the use of premises on. Beach Club Road Nantucket Street City or Town the record title standuig in the name of _________ Tabitha T. Krauthoff (Formerl~__ Tabitha Dumper)___________________ Sankaty Ave:, Siasconset, MA 02564 whose address is .............................. -------------------------------....-----..........---------------.. Street City or Town Stan by a deed duly recorded in the________________________________________County Registry of Deeds in Book _________,-___.- Page________________ Nantucket .__._._..Registry District of the Land Court Certificate No__________________________________Book ...._.__._._..__Page..__....._..__._ The decision of said Boai•d is on file with the papers in Decision or Case No... 017 -7 5 ~t~ - in the office of the Town Clerk_______________Nantueket Certified this26th_._day of__....June_________________________________1975 Board of Appeals: ~ , A •------------_....-. ~~ .... ..........•--- ---Chairman Board of Appesle ........................•------------------------.......---•----------•---------Clerk IIoard of Appesl~ ------------------------------------------------19-------- at.-------------o'clock and..-.-.......---•-------•----....minutes ....M. Received and entered with the Register of Deeds in the County of .......................................... Book-----------------••----- Page----..._.._._........... ATTEST Register of Deeds i restrictions: 1. That the shed be used solely for the storage and •opei~a- ~~ ti~~n of refrigeration equipment; 2. That no fan or ventilation be installed on the north ~. wall of the shed and ,, 3• That the shed b~ removed if and when it is not require$ for the storage and operation of the equipment, and therefore•,~~''•~ the petition and variance is CONDITIONALLY GRANTED. ~I ~ / ~_~un ~~,, I In the matter of the petition of Sankaty Head Golf Club Inc. 017-75. Mr. George Mumma appeared and stated he was resi- n dent of the Sankaty Head Colt Club and that the Club has agreed to purchase a two acre parcel of land from Mrs. I~rauthoff provided I lithe land can be used for tie construction and operation of tennis it courts and a small club house. The area ~s zoned Limited Use IlGeneral 3 and a variance is required for such a use. Mr. Mumma Ilstated that the area is located opposite the Sankaty Beach Club ~I and is in an undeveloped state. There are no dv llings near the II q site. The Club plans to build 4 tennis courts and a small club- Ij lhouse for the use of the personnel necessary to operate the tennis Ilcourts and the storage of accessory equipment and supplies. it The area will be surrounded by a 10' high fence. There will lbe no lights permitting night time use and supervision of the i II operation will be controlled from the Beach Club across the II street. . li ~ Mr. John Lathro p spoks in favor of the petition stating ~ he was a resident of Lhe area. I~ -ll- i it ~ - .. ,. .. ._ r- ~I Airs. McCreary spoke and requested that as an abutter, she II be assured of the placement of correct boundaries. After due deliberation, it was found: ,. 1. The operation of tennis courts in this area will not .,.,~ interfere with any other use of adjoining premises. The area is primarily undeveloped with the exception of a club opposite the parcel. ., ~ 2. The parcel is not readily suited for residential use ~, .~ since it is low and offers no view. . ~; 3. The variance will. not derogate from the intent of the ~, I by-law. Upon motion of Mrs. Backus, seconded by Mr. Hyde, it~was ' ~ 5.. "~ unanimously voted to grant the petition and therefore, the ~; variance is GRANTED. II it , ~ . I II ~y"~ i; i. i ~. q c q ~i -5- ~... ~, . _ d_ ~- ?.. 9 f ~ ~~ ,~ • ~ ~_ ~ :J ~~ J ^^d L r~+ ` q7 S S ^' ' Y,C ,l' ~~~ I~ i ^ ' "~ / 1 Uy ~.'~ ' . }' - ~, d C ~.' 1r" •'~ iS- O ~~ ~ -~- ~ ~: s a ~ '~- ~` .: ~ P ~ ~ ~ ~ f i~ ~ (~'rr f^ ~; ~ 1+ .f 'J ~'~ .~ . ~ Dili ~. ~ 37 f f l i f ~~ ~ ~ ~! I ~I `~ ,, ~ .` ., ~~ ~1'C :, .. l ~ c /Y, ti,_ l_ G J 1 J :~ f i rv/ 1( ,` Y `` ~ ~h ~ ' ~~ "~ ~ ~, ..~ ` `~ l / / / f/ / f i 7~ 1 ' I ~ l ~f r 1 f `:;. ~y f y`~~'~ ,~ i i i ~ ~~ r ., ~~d -:.~ i AB-1 __ .~ -- ~ .. ~- FEE ~(~=° " APPLICATION TO THE BOARD OF APPEALS Must be filed in duplicate and both signed Case No. NANTUCKET G ' ~ '~ ~ 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:. Location of Property J \~SC~ ~ S ~c« C~ (~, Lot No. Plan No. ' District is Zoned for \.~V Type of structure (Existing or Proposed) or proposed use: TEN N `~ CO V ~ S Owner's Name- S~,N~~1A't ~/ `~ `~~ ~C'~C.~ C ~.~ T. C . ..l~V Owner's Address .~ When 'did you acquire this property? ~~"'~ S' Has application been filed at Building D`ep`artmen? N d Has any previous appeal been made? \V ~ Section of By-law or Code from which relief is requested: ~V - A VSE S ~E(z~I~TCC~j UN~C~2 ~`{- ~~c~J Reason for asking relief : _ cQ~s~`(~C'~ ~NN`S C O U (Z..~'S O N V ~AC~A`~1 ~ ~•'A~1~ NC~ R~ (3~~AC.H CI.,U ~ . Signature of applicant ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (~.) If the applicant is other than the owner, please indicate .your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board ~ Decision filed with the Tawas Clerk k~ ~ .. .. 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V Z W O LL ~ ~ _ 3 O ~ ~ H ~ d'- Q y O LL ~ ~ m _ ~ p ¢ O ¢ ¢ W O O) 7. ~ c O ~ io v m ¢ W ~ ~ • H. r ~ ' ;~ . Q ii m ~ C E L U p , i ' .. :. 4. QQ _ f r..- ~ ~ _ r--- •-- ~ -- ~ertificate No. `~ ~' `~ ~- ~t-fr ~~ ~y~ ~~~ ~ Date lssued: r G ~ ~ - 7L Fem. - APPLICATION TO THE HISTORIC DIS~RIC~s~~O~,., I .S~O ry ~~9 ~i T:r~, F. :~ !~ Nantucket, Massachus~s for- ----~~~ CERTIFICATE OF APPROPRIATENESS .STRUCTURAL WORK An application is hereby made for issuance of a Certificate of Appropriateness under Chapter 395 Acts and Resolves of Massachusetts; 1970 proposed work as described below, and on plans; drawings and photographs accompanying this appli- cation. This is a contractual agreement: Fill out in ink. TAX MAP *NO. ~ ~ , , ; _: , . ;PARCEL NO. ~ ~ F... ~ S~I~~d`-T~ ~~ ~ , r7 ~4 .. ~~ [~1~-DATE. ~~ ,~ S; Ig ~ ~ OWNER OF RECORD: ` \,' - I HOME ADDRESS: ~~~'N Icy SIpLC Car~~t~ZIP:_ TEL. N0~ ~=~~ ADDRESS OF;PROPOSED:,WORK• r . ~ ~._ ~ ~ S . NAME AND ADDRESS OF AGENT:. - IP: ~., ~~ }~~~ ~~L,, TEL. NO:: SZL.vrz~_ „ . A11 drawings submitted must be of f" scale and will be retained by this office. DESCRIPTION ~ DWELLING ~ ~ ADDITION- GARAGE- COMMERCIAL ~ RAZING or DEMOLITION~ OF WORK HGGISTORIC RESTORATION- PAVING- STEPS- ~FENCE~ GATE'- OTHER_ ~~~~ ~/ ~~~TZE OF STRUCTURE: 'Length ' - ~ Width ~ ~ -' ~ Square Footage - ~~ WOOD DECK. !Size r `~ ~ - • . 1 i .'-1st Fl. „- ,- i , r. .2nd Fl. • ~_; ~ . DIFFERENCE BETWEEN .EXISTING GRADE AND FINISH GRADE: HEIGHT OF RIDGE 'ABOVE FINISH GRADE: ~ N. - S. E: W. DETAIL 1. Foundation: Height Exposed Con. Blk~ ~' 'Blk. pai:ged-= ' ='~== ~ - ~ brick type- .;. - .- - _ ~_:: _._:,. _ r,_ ..-_ _ , . t ..: - - ~; - -- _, 2. "Chimney :_ .- Block.parged - - :13rIck-Type ;-- r. ,. ~~ - 3 Wood Garage Doors ~. Wood Louvers ~ ~~ ~ -- - _ 4. Skylight: (Flat'Only) TYPe Size - ~^'^~~ ~ ~~ 1 v :. 5.-° Roof itch : =' ' . ~ j -Dormer Pitch `~.. _ . _ - -- .r... _.. ._ . _ -~; Cornerboard Size __ 11. Window style: Double hung Crankout muntins Snap-in Grills, 12. -Door type: Front Rear Other Material COLOR Sidewall Roofing Doors ' =Trim ..Foundation Fence. - ..-. . . .. .- -. . Sash Shutters - ~ _ - Deck __ Received by HDC office 6. Roofing Material: Asphalt Wood - = . - '"7 Leader 141atenal Size - ~•` -- ~.t= 97i ..., ! _ - . r..-E~LL~`~~61?11tTdE[i• ~.`~ilYt~f2tQ'~_ 8. GutterMaterial - ~ ` si.ze,,~~ de~pr= ~rorti'~ your = f fed -' - - - - - ... _r. 9. Fascia.Size Soff~iZ~i ~~~Rird size -~ • J atitr6zval ~o t e i/`ommccc~fL _'•' _ 10. Sidewall: White Cedar Shingles - - Clapboard ~ - Other- COMh1ENTS VALID FOR 12 MONTHS FROM DATE OF ISSUANCE. MAY BE RENEWED. NO STRUCTURE MAY DIFFER FROM THE APPROVED -.: ~' . j'`~~Oo+~~Px7UC~F~~~ tY ~ ~~iti P~pRA, E,',~~~. - Telephone 22S-2729. ~IISTORIC DISTRICTS COMMISSION NANTUCKET, MASSACI-iUSETTS Date 1L1 Z In order to have fu11 understanding between -the Ifistoric Districts Commission, applicants, and agents of applicants regarding applications filed with the Corunission, the Commission requests the signature~of the Oc,~ner of Record on tl~e following statement: I ChtiZ,l~ he undersigned, hereby authorize my ~igent (s)' to act on my behalf and-make any necessary changes/revisions on my filed application t,~itl~ the Commission should .th°se - changes/revisions be requested by the Commission in order to meet the IIDC guidelines necessary for approval and issuance of a Certificate of Appropriateness. Owner of Record -. ><,~: ~~~<<€ zr'# ^ Applicants' Name:_ Date Received: Staff Review Date(s):, HDC Review Date(s): Agent Consent Form Application (Completed & Signed] ~ ' ' Fee Paid Plans & Elevations - 1/4" Cale. (3 _copies) Plofi Plans (3 copies) Photos of Sii~~/& Surroundings _=-~: _ Sub-division/McJor Commer- clal Development ^ ^ Locus Maps with North Arrow . (3 copies) IF APPLICABLE: ^ Color. Samples, ^ ~ Topographic Maps ^ :. `Site Plan: of Sut?-division Description of;Project: ~. Y '' _ Slting: Porches: Skylights/c~hlmneys: Recommendation: Context: Revisions/Dates Requested: 1. 2. 3. 4. /4PpLICAN_7_FILE STATUS ~ ( L Trim/Color: Received: Revised 1/89 :~~' ~ ~ ~„~ ~ ~ ~ ,~ ~ ~ ~ .; ~ ~ ~'' ~ ~~~ ~._ I r ,. ~OW ~J~~ ~J ~' ` ~ ,fir .. ... 'urn ,a- / ~' ~ `, IF$ J Q ~ ~ I~',~~ ~ ---• 47 ~, I I ~ ~' ~ 1 o ~ ~ ~ ~, .- r, -1• ~ d s .~ eA . ~ 4 ~ uj \ ~ P ~ ~ ~ j` -+" ~ + ; ~ A. ~ i ~ I I 0 ; ' ~ ~ 1` > ..~ U ~ ~ ~~~~ . ~ '•Sj'~ / . ._- `• ~•, ~~ ~' '~~; .~ ~ . 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F - . .. ~ ~ ~/ ~ ~_ ~r ~ 3a , . ~ - __._._._.-'- .--- - ' --- - i r ~. ~ S 4 ~ it„~,., r r ti, 3 z _ pp~ a' !}""+~ ~~ rw -..ter-., rJ ~;. .. ~ r{r3 _.f f ~ M~ ~ .,J~Y _ 1 i { ~ _7 ~~'3i~~/..Y.}. '` Ted M ,~ ~ 'R 1 i f :y._. r t~ . r T! k h.. .r ~~~~y l~ fS ° ~l f. 3 ~ "r ~, i; A~ h P• r ~. .Y f r •~ ~ry.Jn~~lr.F J : •~.R ~~yi r Y ~~~r 4 ~. :b~ 1, .. ~ ~ ~ "' - ,!Y~ < 3 yr ~, rw,l,1 t T ~ ry ~ t _ .. ~~ ,r ~ r :. •~,. 6~^y T ~i .' 1 -~ 1 X33 4 1 3, f ~ ~1 ~~.i(j+' .F~ ,.t; .! .. ~ _ ~ '~~- M,~ 1. a 1 %f 7 r Jti Y~t..r l~•.S .~,. .. «-L ~-+ r-* N°~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ AppUcat ion and Permit to Bwid or Alter ORIGINAL in Conformity with the Commonwealth of Massachusetts State Building Code TO THE BUILDING INSPECTOR OF THE TOWN OF NANTUCKET: The applicant agrees that if this permit Se granted, such buildings will bo constructed in conformity with the detailed statement and the plans herewith submitted sad approved, and that all Maeeachusette state laws, by-laws and ordinances of the Town of Nanturket and rules, regulations and orders of any board, body or department, so far ae the. same may be pertinent, will be complied with. The applicant further agrees to furnish any additioaa! information, plane, specificattone or statements, if required by the Building inspector. '' 1. Owner's same sod address......... ~~~~~!~ .......~~ ~~~.....~L` .................................................. ~ 2. .Builder's name and address ........~!}~r ~~~~.t....... ~ .:.... -S!+!~!~-QS.. '...~!/~.~CG~•l~~%..~.7.!lt~-?....... 3. Location of proposed work: House no........... Street ............................. Town.. S~'c~n.,!,~•~*.T. • • • zone... ~ ~ ~ .... / ~ Y ~~ 4. Size of Lot: Front ................... Rear........................ Depth....................Square feet or acreage,../~........Q.. r3 r~. 5. Claeaify work to be done: New Residence............ Addition .............. Remodeling..........:.. Demolishing............ Other .............. Deacrlbe..........t~R..a.... ~h`. ~.~ .......................................................................................... 6. State size of Buildings or additions: Main building: Width .............. Depth. ............Height..............Stories.............. (Give overall dimensions) Addition: Width ..............Depth.............Height..............Stories.............. Height eatlmated from the average level of finished grade adjacent to building to the highest point of main roof ......................... 7. Ground Cover Area Existing ..............................sq.ft. Existing floor area gross.....................................sq.ft. (Based upon exterior Dimensions) Additional ............................ eq.ft. Additional floor area gross ...................................eq.ft. Total .................................sq.ft. Total floor area gross ....................................... sq.ft. „/e. General description of building or addition: Full two story ................... Story and half..................... One story..................... Root: Gable..... ... Shed............Gambrel...........Other :............................................................... /~ PiEes _ X-6 (/ Q Foundation: Materials..... l..:..~ ..:..../......Height.....................Thickness....... b.. .. .......Footinge.....6J.x.~~..... Y Basement: Slab.......... Crawl ............... Fu1l.............Below Grade............At Grade.............Flniehed: yes......No..... Structure: Woodframe........ ~..Brick ....................Cinder Block................Other:.................................... Size of floor joints....... ~: r.`:.. ~..... Spacing on centers.......... ~ .~......... Longest Span.... ~ .......... . Size of ceilingjoiete ..................... Spacing on center/s........................ Longest Span................. .. Size of Main Rafters...../h .. /. Spacing on centers.... ~.!O....... Longest Span...... ~........ Pitch..... ~ ~ ~~ Size of dormer raftera...........Spacing on centere ................Longeat Span.................. Pitch...................... Exterior: Clapboard .....................~6hingled....................Brick.......................Others.............................. 9. Mechanical work: Plumbing .............Electrical.............. Heating.................Fire Alarm............. Fire Ext. Equipt........... 10. Purpose of building or addition: If a dwelling, for how many farmlies ......................................If in a residential zone will business of any kind be conducted ................. State nature of business .................................. ......................... If1n a buainesa zone and for buslnesa purposes, state nature of buainess ....................................................... 11. Location of main building on lot: Feet of open apace between the building and front line of lot .............................................. . ^oct cf open apace 6ebveea the bidldiag end rear line of lot ............................................... Feet of open apace between the building and side liana of lot: {Facing front of iotj Right fide .................. Left Side ........................ . 12. Estimated coat: Mafia bullding $ ................................. Acces(s~ory $.......... ....... .......Total $....!z~QQ.4.... .... ~ 13. Fees: (Shall accompany this application) Fee $...........~........ n ,J. />„ ~ INSTRUCTIONS ~ 1. TERM OF PERMIT: All building permits are good for one year only from date of iseuanc but may b ed upon further application. 2. PLANS: T61s permit moat be filled out and accompanied by a registered plan of the lot. Complete set of elevations and structural drawinga. Historic Districts Commission approval, disposal works permit or sewer entrance permit. 3. CERTIFICATE OF OCCUPANCY: Thin permit is for construction only. Upon completion application for a Certificate of Occupancy must be made. GARAGES OR OTHER ACCESSORY BUILDINGS NOT ATTACHED TO MAIN RESIDENCE. 1. Answer questions et top of application: 1-2-3-4-5-8-13 Fee $ ..................... . 2. State size of building or addition: Accessory: Width...../..!'.....~../.....Depth..........!........Height.....-./~ ~'.'......Storiee....~......... 3. Area of Ground Cover on new acceaeory building...... J . ~.. `....... eq. ft. ; of any existing buildinga......!Y Q!?~~. eq, ft; Total ............ . 4. If a garage, for how many cars........ , ...... . 5. If accessory building Se located in side yard, give distance from main ding ......,.e~+,, ...._ ~ i :} ~.~ ..................................... . distance from aide property line ................................ . . --1' ~ ` - 6. Location of acceaeory building on rear lot; Number of feet distance f r~r~(ne of(lot~.....~ ~ ........................................... Number of feet distance from right side line of tot ................... ........~~; HoCf feet distant from left side line of lot.................. No. of feet distant from rear of main building .......................................... DEMOLISHING BUILDINGS 1. Anewar questions at top of application: 1-2-3-5-13. Fee $ ............... . 2. Give a general description of buildings or portion of buildings to be demoliehed ................................................................ . To the BulldinR Inspector -Town-Building i Application Is hereby made to the Building Inspector of the Totbn of Nantucket in conformity w[th the Commonwealth of Maeeachusetta State Building 1 code, to a rove tho detailed atatemeats and lane herewith submitted, and r a dam dings herein described. PP p permit to erect, alts m or Approved Signature of Applica ..... .... .. .. .............. .... .. . and Permit ~J Granted / 19~ Addreae ...... ... .. ......... .... .... ... ....... .. ... ..... ... ..... .~!-,a Town of Nan cket, Subject to all the requir/em~/lis Zoning Ordinance of: Building Inepector..L!..~... ....... .......... 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N ~t ~~'~~ ~ C ~ V') on (Street #) -~tt~~a ~~ l.ot +~ m village of S, -f~ LO-- ~! r l utility pole number or underground number Customer's billing address _~ ~ .~.... ~ Temporary New installation Change of service Starting date Job description r^ ~ / _ . ~ _ _ _.e.._. .. Service entrance voltage '~ Am ra c Phase ~' Pc g Z ~; Wire size (cu. or al.) _ onductor per phase r~ i o6 Number of meters ~_Water heater Off peak: Yes No Estimated load; Electric heat kw, lights kw, Range dryer Motors. H.P. & Phase Ready for first inspection Ready (or final inspection Electrical Contractor (• Lic ~~/~~ ~r ~r Telephone tM ~- 'Z ~ ~ ~ V 7 2~ Address - (l. j i7 Additional Remarks: - Do Not Write Below This Line ELECTRICAL WIRING INSPECTION CERTIFICATE INSPECTOR OF WIRES INSPECTIONS ~ DATE FEE CHARGE Temporary Service Roughing in ~ .., Service and Meter ~„~ _~ ~ ~,~, ea Off,P~''S1i Meter Final Appmval "' - ` ~' Disappmved• - -'For the following reasons . CERTIFICATE OF INSPECTION Date To the NANTUCKET ELECTRIC CO. The installation described above has been completed and has this day been inspected and approval granted for connection to your service. -~ _ Y~ I ", ", n of Wires WIRING INSPECTOR TO BE NOTIFIED WHEN WORK IS READY FOR jNSPECTiON Permit Cood For Oae Year From Date Of Issue TOWN RECEIPT - Whfte INSPECTOR'S COPY -Canary CONTRACTOR'S COPY -Pink ;; _ ~. _ .. ~S.LN3y1iHi00 ~.:a ,•.,'~ /i :.., I l `~, ;' / 1' ` `', ~ ~ ~a3noxaadsla ~~ ~a~notlaa~ ' ~NI'I SIHS Mo'I~s 31.I2IM sox oa ---------- / NOISSIL1iL1I0~ •L~IZI.LSIa OItIOZSIH ~HZ O SZI~I~L1iL1i0~ ~ ********************************** is ~ >~ .I8IIOi88FLiILUO'J ~ I ~ ~ r r'~r I 1, l~ i t. w~~ ~r 4 ~; ; ;~ . r ;~..~ - I ,.; ~ . ... _ - \ ~~olldd~ ;o aan~$u.8~ ua~;aiduiop . ,~ ....~ .~. _t~Pli,l.',Y~r .'_~ ?..; ~ = : aFsa ' ~ •a' H ~q panFaoe'g . € ,, ~ // . SH.LNOLII ZT IQIHZIM a3s3'IdAli00 ~S ZSIILII ~.Ld~I3I~L8~~ SIH.L 8~ '3~IQ~'IISSI 30 3Z~ Iai0~3 ~ ~~ ***************~***************************************************************a ** a* *O*~ *** * *O * ~* ** ~; uo ~ P~X~ : sous , qe$ I o3 3 : s.zooa S : u~~ :s: io-o0 f :..~ ~d o3 aP$.zp a8$aend) a.m~ns~e 30 3 Iaq I$~Z ' spa$og a~~s~ ' :az~g :a 3 ~epsaZ ~4c,r apaeog aauaop , , . ~, i .~' ~ ~ azFg ~ Za};np ~r~„_ ~ oFeueu~Fa senp I ~ t. ~ . .. ~ ' '~ -~"g'~ ~ '~~~'~_ , -., ; ~ , I , t I ~ r Y~ sa a~'e~0'g3~ rr( i _ Ji ` : ~ ~~ ""~ __;aaga0 I .t$ $ ~I,. :sal~u~s~rij, ~~blctx?a,l{r~;,r.~". f, y: ~~'ttr~~~ =. ; :: ~ •p ,~ I~ s,~a0. aFFtTM ~r ii's~aPTS ;~,~. , :. b ~ :.zaga0. :.z8a2i :Faoa3 w :a ; soon ~, _. ~t , ' :.~aua0 ~g3$fi -- :uagoFT3I -- :azFS :a ;gees ,~,,~. ~ !. :ai a n~opuFM ' :~oioo uF;oog - ?; I3~2i ~uoTld aauiaoa saq~0 uZT/asFa ~tZi ,tZi/aeFa ..OT 1 ~~ZT/aels n6 ~ t~Zi/asFs..8 ~tZi/asFa t~L ~4o3Fd 3oo2I :sau~0 ; :adB,L :~olaS :pa8asd ~oIS :~ e ~ q~ i ~[oI~ 3o add : pa.8aua .. ~.~oIS aFasouo~ , (, ,,, , :ol~~sa :~F.zg , :uoF;epunog.. ~. . ' ,~' .., . ~(~,., ~ . , s38P,PaIFB3a ,, .7a ~ ~g '-w .. : az~ '.~>. per;.{.': 'I3: ~I , , ;: azlg. -~o~ • ' ~ , ' :FU$'FZ ti[S~ :s:ianhoZ~ pooh.. saooQ;a.~~si~e o ... i' ~, j$nouiag ao `8u~zsg : aFs jso a3ua r, ~ s ; ~ . ~ ; ;_ t .. I , ~' Po M, ., , 3 dam pus ~uFnsd :s.moFuop apeap uI aBcte~ :IIOilsaoasag ~Fso3eFH :aan bn.~ ; ~ ~S ;o' azlg~ .. :a8sasp :uoFFIPPd :~a a IiI ^~a t an~oiio; s$ saa$ds a;$F.zdo.~dd$ ~aq0 :xaon~;o a :~, ~}I2IOM a~SOd02id 30 IQOI.LdI2i~S~a ZLy2I3N~0 ' *****~**~e,*~**,*~**************************~r*********************************~s******~* l***~**~~**.>~********~e, ~ i;' ;" .. I i..~ ~r ,i 1 ~ ,~ .. ~sx~o~ 3o ss~xaad'. . ~ , ` ~ ~ /~- ~ ._+,, •xxoM a~SOao?Id ao ss~Iaa~ ~ , ~,.~ / ~~ ./ ~ t3'4i-fib tik ~ a;ul. ;,y l.t aFq;BuPCusduz~oo$ a dBSBo;oqd pu$ B~Ib$sp•r.`susid:.uo pus `n~oiaq pagFsgea s$ soM ;o seeiosag pu$ s ~ - _ ~ ~ . P'_ K pasodoad OL6I s}aaen~$ssey~ ~ S6E saad$g0 aapun seaua3$~doaddy.;o la3~F3F~7~e0r'$;o eousnssF .zo; apsur ~fgataq sF IIoF~HddB a`r .:rj xxoes z~Ins~nxss • .,.. ' SS3N3Z~'ItIdOtlddd 30 3,LdOI3I.Lti~O ' ~ , ~~.~~ ao; s~asn~sas$y~ `~a~n~usH '' ~ NOLSSILIILIIO~ Z~ITLLSIa OI~iO,LSIH OZ I~iOI.L~'"JI'Iddd ~, /,~ G '~ ~ a3f1SSI 3ZyQ ~, ~ 1.; . TOWN Or NANTUCKCT BOARD OF APPALS • s-e9 ~v?.J~ NANTUCKET, MASSI\CHUSfiTTS 02554 ~'f' a' , 19 90 ORIGINAL To: Parties in interest and otl~ct•:: concerned with the decision of the Board of Appeals in Application No. ~-~~ Of: (a) SANKATY HF~10 GOLF CLU~1 INC. I'OR ITSELF ANU (V) MRS. ARTIIUR OF.lti Enclosed is the decision of thr. Hoard of Api+cals which has this day been filed with the t7intuct:ct 1'oun Clerk. An appeal from this decision m.iy Ile taken ~iirsuant to Section 17 of Chapter 40A, H.is,nchusetta General Lays. Any action appealing the decision must be brought by filingg a complaint in court vithin tventy (20) days after this day's date. Notice oC the action with a copy of the complaint and certified copy of flip decision m~lst bo given to the Town Clark ao.as to n eacoivod vithin such tventy (20) day:., a,~~r~ucy~r .°~.::~ ~ ~4jOaAT~~~ ~~. i y ~(~ v"/i~i1 ill/• ~~ Liad• F. utilises, Chaicmaa cc: Tovn Clerk Planning Board Building Commisaionar ~Til'.`,~.,`(;;t`t}~j~~•~w:`<l}"<"' rl''dr~••~;:~~tr:~?!tij:'1r~~~•,'~ • '. • :~, • ' II.'~.• .i 1. 1' f~ G :~ I- ~_~; .~ 0~.?5~ EOARD Of APPEALS SONN OF NAKTVCKES MAlflQCKLT, lSASSACHUSETTS 02534 DECISION Thy EOARD OF APPEALS at a Public Hearing held on TRIDAY, JULY 1], 1990 at 100 p.a• in the Tovn allcatlonyoBuSAN!(ATY HF.ADuCOLFrCLURe INC. ' follovinq d~cialon upon the App FOR ITSELF AND FOR HRS. ARTHUR DEAN (045-90), Box 29], Stasconset, MA 02564. ' 1, Applicant •eck• SPECIAL PERHIT relief pursuant to SECTION 1]9-33A to relocate flue (S) buildings on the lot ovned by Sankaty Head Beach Club and vlthln the Beach Club's Easement AreMrethArGhu~eDean,Atoa•) of the abuCClnQ )ot on the northerly aide ovned by remove• two (2) buildings from the BcacF Club lot entirely and to rclocats one of the buildings at the same ~on-clicantlseeksda VARIANCEbfromothenf of the removed buildinge. Further, App SECTION 179-16A requirement of a ten (10) foot rear ani side line setback for lots of record to alloy one oC the relocated buil~lings to straddle the lot line running between the northerly bound of the Beach Club property and the Easement Area. The andmParcc1r2319candd2Jt61~° Ooh°SEasem~ncRArea. Siaseonaet, Assessor s Map -emises as a pre- The Applicant operates a private Beacli Club on the p. existing, non-conforming use in the LUC-3 zone. 2. Our findings are based upon the application papers, site plane shoving the existing (our Exhibit "A") and proposed relocation and removal (our Exhibits "8` and "C`A letterefromdMrsPrArthurtDcan shovingthernconsent received at our hearing. cared at tl~e to the proposed pro~oct vas received ac the hearing. No one app hearing in opposition. ' ~ ]. Ne-find that Special Permit relief to remove two (2) buildings and ralocnte the required five (S) buildings in an elteratton of the pre- existing, non-conforming use of the premises that uyeltootheeneighborhoodly snore detrimental than the existing non-conforming In fact, the pre-existing non-contormlty as to ground cover, 8984 square feel existing with 4094.70 allowable, will be reduVedfindZthat6there feet due to the removal of the two buildings. Further, relocation of Building A along the same 7.99-foot non-conforming side line setback as the exlstir.g Dullding K after Buildings K and L arc removed, does not make the non-conforming side line setback more non-conform ng hborhood. and in an open area this change is not more detrimental to the ncig the severe andorapid erosion ofdthetcoas[alebankoinvSiasconsetlie(, that _.ti~ C/v~.J along the eeatarly aido of rho Beach Club property threatens the existing structures. Ovinq to the unique topography of this coastal bonk locntlon coupled with rho orodinci Boll conditions that does not generally ef[uct tlio LUC-) diatrlct in which thl~ lot is located, a liternl enforcement of the required 10-foot aide and rear setback for lots of record creates a substantial hardship. Since it 15 unknown how rapidly this erosion will continue, ve find that it is important that the Beach Club be able to move the threatened structures as far nest on the property es possible to avoid an annual need for relocation. Y.oreover, relief can be gcanted without substantial detriment to the neighborhood and without nullifying or substantially derogating.fron the intent or purpose of the zoning by-law. 5. Accordingly, this Board by UNA17IrioUS vote grants to th• applicant 1) the requested special permit relief to generally, alloy the relocation an3 removals of buildings on the Seach Club . property and specifically, to alloy 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 Zrom Section 119-16A with respect to side and rear line setback requirements to alloy one of the relocated existing structures to etraddl~ the lot line. All relocations shall b~ in aubatantial conformity with Exhibit A. Forty-three (41) ar,-;••.:1-.:;~,~r,c! parking spaces shall be provided as shown on E~chibit A. DatGi: ~~+0~'~-, 1990 • C~ i Linda Hi •i ms Hi lam Sherm obert i hter :•,;~'c.rni:~1:J=.~:~•:rii~r?~CJ~FIG~i"C~l..'.~'"'" Kichael O'Harn wA;i ftlEU W ("` (~~~ OF T?;EiOYrlt CIEWC ~+01~(!~T h0 APPfrtl n:S tl ' IFD. i H`~W$.. ; . w~ sECiron t .~/.~• ~~:q_, G '~l9'1 ~~2~U~-- ~~57 iorGr+~c~uc~ J.j ~~ . 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TYPE ANp COST OF BUILDING -Ail applicants complete Parts A-D ' A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential ^ Addition (If residential, enter number l:]'One Family ^ Amusement, recreational other religious ^ Church of new housing units added, 13) if any in Part D ^ Two or more family -Enter , ^ Industrial , , Alteration (See 2 above) number of unfits ^ Parking garage ^ Service station, repair garage ^ Repair, replacement ^ Transient Hotel, Motel or ^ Hospital, institutional ^Demolition (If multifamily residential, dormitory; or INTERVAL ^ Office, bank, professional enter number of units in OWNERSHIP -enter number of units ^ Public utility ~~- building in Part D, 13) ^ Garage ^ School, library, other educational ®'Moving (relocation) ^ Stores, mercantile ^ Foundation only ^ Carport ^ nks, towers F~~~~Q CET~ B.~ WNERSHIP ^ Other -Specify h t ~Ot er~- Specify- t;a'Private (individual, corporation, ~ ` y~R ~t''~ nonprofit institution, etc.) _, ^ Public (Federal, State, or local government) ~ '" -omit cents E. DIMENSIONS C. COST Dimensions (New) of Dimensions of Cost~of: a. Structure $ 2 ~ tad Dwelling or Addition: Additional Structures: ~ Electrical b DODO No. of Stories: Garage: . Plumbing c 20.''DO First Floor Area: '~'~ ~-F• Accessory'-Bldg. . Heating d - ^"'-- Second Floor Area: Swimmi~tg PooL•~ ' . , Other - ' ` ~ e i - ~~-- ''Third Floor Area: ` Other: I - . TOTAL COST OF IMPROVEMENT - ~ Total Floor Area: ~~ S•F- - SPECTO~i'S ESTIMATE ~ ~ .. Full Cellar Area: ~ ~~ ~~•~~- ~ - BUILDING IN 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N - ror Demolition, complete only Part 1.; for all others Skip to 4. F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE t No. of fireplaces ^ asonry (wall bearing) 1/v~ " p p y ~^ Public or, rivate com an ' No. of Wood Stoves" _ ~" Wood frame fQ Private (septic tank, etc.) lr? No. of Coal Stoves ^ Structural steel Solar Collector e ~ k OF,~VIfATER SI~JPPLY I. TYP ~ ~ IOthor: O Reinforced concret , _ - . ^ Other -Specify ^ P~blic or private company , '~ ®'Private-(well, cistern) _ L. SMOKE DETECTORS _ - ' . _ ..._ AcL~4~ A Igo. of Dectectors ~T~ ~ " Type (Battery or AC) ~ G. PRINCIPLE TYPE OF HEATING J. SPECIAL CHARACTERISTICS __.. . _ See Plan for Location rJlrfir ~ 3 t 7 ^ Gas - _ _ _e- F i lti ^ Oil ng on ^ AIr.Cond ^ Heat Pump M. RESIDENTIAL BUILDINGS~ONLY ^ Electricity (7 Central Vacuum Number of Bedrooms ^ Coal • ~ - _ ~ ^ Others ~ ~ ~~ - ~. Number of Bathrooms ^ Other -Specify ~~~ ,, ~ .... . P Full Paitial •- r ~~` n° r- , " . .. _... ." 3. Continued - N. ENERGY CONSERVATION ,_ Type Thickness R Value , - Foundation or Floor insulation Wall Insulation - Ceiling. or Roof Insulation ~ -' ' Window Glazing: Insulated Glass Double Glass Storm Doors: Insulated Yes No Weatherslripped: Yes No Percentage of Window Area to Wall Area: Maximum BTU loss par hour of structure: . ('Do not till in it °k of window to wall area is less than 20°k) O. STRUCTURAL CHARACTERISTICS OF BUILDING • ~,, E ' + .:,~ i ; ; ~ , j Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation n p 2- ~ s ~r Footing size: 8X ZO Footing reinforcing: ~~ ~~. Wall thickness: III Wall material: - Wall height ~~ ~-K Wail reinforcing: ~"d 0•C ~~ u « ~ n Pier or column size: ~ G Y I(n Pier or column spacing: Pier or column tooting size: ?~gY?!)4Y17~I Pier or column reinforcin~~: -TC• ~~ No. of crawl space vents: _~_ Crawl space: ~ Full 1~Partial , IJ FRAMING: Main Carrying members: Size: ~' " Z•Y ~ 2- Support Spacing: ~ ("'i~'G• C•. First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: ~ Ceiling Framing Joist size: Maximum Span: Maximum Spacing: ~. I_~ ~ ;.f :.= i Rood framing. Railer size: Maximum Span: Maximum Spacing: Root Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Profession Engineer. INTERIOR FINISH Wails Floors Ceiling Bedrooms Living Room Family Room c~~~in_in,~g~R,,+oom ~ - ~et~~oom ~Fttill4l~ ~ f'AIhIT' V l.t~`~L k.t~int,~I+~ TPP~It~~"- Utility Room - Spacial (specify) it yESi~NI Bt7 ~ T y~A{~.j~` _ _ ~~P~)MTp~t~cr Attic .. s ~. b,~c Cellar llN'~FII.I1Sp~~ C/•d~l~~~ ~-~•r1~R 13 ~i~'C)M BD~ ~-r~(t~ EXTERIOR FINISH , Wall Material ~~~b~R ~~ ~"~ `~~ ~-.~~ S . Roof fv)aterial ~~~~~~~ ' -•+IZ1~~~C Roof Type f .NOTES AND DATE (For Deparlmq~t,~Use) ~ v __ . . ~ -~~i:g,.. :. -.. , • ~ FEE CALCUALTIONS :, ~ .. _ __ ., ;;:r,n ~JE ~ b :_-- -- - --_ -p,F^i .• , - .. NG COMPLIANCE To be completed by aU appllcanti ~licant is required to submit a registered ~ plot plan with application, showing .location of all structu11res. Zoning.District: i~~-~ -~ ~ Total Land Area: l~A'g~ S'~- ~' Frontage on Street: ~~ - ~n - Lot No. Q /I`` Plan Book No. and Page: Land Court Plan No. ~ d0 ~~ !-'f Date Lot Purchased`.- Certificate No. ~nq9 ~" Name of Previous Owner: SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board Fite No. Is~the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO ~ ~ " Has Plan been filed with the Registry of Deeds? YES NO If YES: Plan Book and Page No. Date TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of interval Ownership noted on your Title or Deed? - Yes No DIMENSIONS t ( 1 d~I Distance from Property Lines: FRONT REAR ~ LEFT ~ RIGHTS' Z~ C-ra•~. Distance between Principal and Secondary Dwelling: (12ft. minimum.) t Height of structure above finish grade: N ~ E ~ S ~ t W Number of olf-street parkig spaces: Enclosed On-site GROUND COVER Principal Dwelling: Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: _ Other: Total: ~ ~ ~O~ SF. Allowable: ~'• -~ SF. MISCELLANEOUS -.-_~ _ ' - . _ .. _ Was a request to "Determing Applicability of the WetlaPtl;Pfotection Act" filed with the Nantucket Cosabrvation Committee? YES~NO If answered YES, inclde "Order of Conditions" with. application. What date was the "Order of Conditions" with application. ..~•+~ ~ 22) ~ Jt>9 What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located withing a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Apeals7 YES NO If answered YES, what date was the decision filed with the Town Clerk? ~Tt'.~`~~~~ FOR BUILDING DEPARTMENT USE ONLY Minimum Lot Size: ~ Zc~ ~ ° v o Ground Cover Ratio: ~' -3 ~/~ Frontage on Street: ~2 ~ 0 Side and Rear Setback: ~~ -- '== Front Yard: 3J :.,, ~.::,_.; •, Additional Comments: .. . -- Data: ~ _, -.+,,..~. ~,-~----.. APPROVED BY: ... 7 ~~¢c. Zoning Officer ~~ ~ ;: . ~.,; .~ -~ -,r Name Mialing address -Number, street, city, and State Zip Code Telephone No NK ~ E. Sa , ~. r ~ Owner or Lessee - SC_4 S M ~~, .;= , Builder's License 2 . General + ' ~ Q S f32.SCo51 _ 228-~~ Contractor ~ date 3. Contractor ~4 a t Si ure gna ZS 2 4. ~J EMIL. Architect or Engineer CO ~ A _ I hereby certily that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his aut 'zed agent and we a conform to all applicable Taws of this jurisdiction. Si ature of appl cant Address B / ~_ ~ ~ riA,v-r~o d~ CI~sC~,S~Y M~ OZSfa~ V ~..., .,.. ~. ~ - 1 DON WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD -For Ottice Uae Plans Review Required HISTORIC DISTRICS.COMMISSION o(~ Zt~ t~1 ~" O SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION ok ~'~'4 -S~ -Z~ ~ f3~ BOARD OF APPEALS ~ _" O ~ ~ ~ J SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF ,~ „>? ~ 1`' OVER-THE-ROAD (t~gard of Selectmen) RELEASE FORM (Planning- Board) ROAD OPENING PERMIT (DPW) PLUMBING ~•' ., _~ ti 7_ VALIDATION - . . . _ / ~~ + Building ~7/ / //_ ~ V ' Permit number ~ /( 7 ~1 ~_ `. ! , _ _. ~ Building g U /~ Permit issued Date of "~ Reissuance Building ~QQ ~ Permit Fee ~_ _ . __ - _ Date of Issuance of - - Certificate oi_Occupancy ;~;`,,; ,:. . ,FOR DEPARTMENT USE ONLY Use Group ` Fire Grading Live Loading - Occupancy Load Census No:- ~~ `~ ~r ~. ,.; ~ ~ ilding Inspector ... ~T..t ti :k.. ..:- „~ _. ~~ ~-~r~~ ~ ~~ ~~~ c~~~:~ i ~~ ,J ~' ;~ i ~IST1 N G- ~~ TO q~'SAt t~ l p~-~ o To f{F~-4tiJ t~ ~_l ~` (/ /`-- ~- 3" G~r~ ~ ~ 3f)~ ~7~~ n~~- -7--- WcaD _ D~`-I NG ^l 1~6~/r~ ~F-~P WAD-t-i(s pay ~~ W . ~ar~ ~ Z'-c~'z c~-r~s 5' F4~G-44 ~ol.~ ~r-k,E ,I .32"~Ntl7c~{-. PIGS( ECG BUILDING DEPARTMENT TOWN BUILDING ANNEX 2 EAST CHESTNUT STREET _ NANTUCKET. MASSACHUSETTS 02554 Telephone 228-;•.'TQ,2,2 ---- - - .:-.n_:_~... ~~ -- ..._.._... PROJECT NUMBERS • PROJECT ~TITLEs~ L,qr-[~ ~ $~~ I up) TID - PROJHCT LOCATIONt_ -}tDIG~ ~~I. DUI ~.fJ - _ NAH>i OF BUILDINCt,~~~~ ~ ~ A ~ ~„1~~~~ __ NATURE OF PROJECTt '~I~r~-tDN•~I?p~Kys=j-y-~/o ~~ a~ v~~ ~ il~~i , _ ~ I~.A 1 _ .~~ D ~ rfil-.t~e p~l+'tJ~• ~, ~~~ A ~ ~~-~r~10N ~ /~-.1~~~4 ~~It7~~(.~'F h ` -- ZN ACCORDANCE WITH SHCTION 127.0 OB' TH$ MABSACUUSb'T1'S STATE UUII.UTNC Cnul:, BEI2iU A RFA STE E P OFESSIONAL ENOIN8I;RTARCHIT$CTAHttR$DYOCR l~2ZCP 1 RTIFY THAT T IIAV4 I IeI:hAIt1: OR DIRECTLY SUPERVISED THE PREPARATION OF ALL DESIGN PLANS Cot•IPUTATTONS ANU St'I:CII~II~ TIONS CONCERNINCt ENTIRE PROJECT ARCHITECTURAL ~ STRUCTURAL MECIIANICAL.~ FIRE PROTECTION ELECTRICAL OTHER (specify) FOR THE ABOVE NAMED PROJECT ANA THAT, TO THE BEST OF MY KNOWLEDGE, SUCIi PLANS, COMPUTATIONS, AND 3PECIFICATION3 MEET THE APPLICABLE PROVISIONS OF TIIE MA33AL'IIUSL•"f1~s STATE BUILDING CODE, ALL ACCEPTABLE ENGINEERING PRACTICES ANU APPLICABLI: l.A1JS AND ORDINANCES FOR THE PROPOSED USE ANA OCCUPANCY. I FURTHER CERTIFY THAT Y SHALL PERSORM THE NECESSARY PROFESSIONAL SERVICES ACID DL' PRESENT OH TH$ CONSTRUCTION SITE ON A REGULAR AND PERIODIC BASIS 1'O Dh'TLRMINL•' 1'IIA't' THE WORK IS PROCEEDING IN ACCORDANCE WITH THE DOCUMENTS APPROVED FOR 'fllE 11UTLUII~C PERMIT AND SHALL $E RESPONSIBLE FOR THE FOLLOWING AS SPECIFIED IN SI:C'fION 131.2.'!: • 1. RaviaW o! shop draainga,'aamplea and other eubmitals of the contractor as required by t:ha construction contract documents as submitted for building permit, and approval for conformance to the design concept. 2.. Ravita and approval of the quaYity•procadures for all coda-required controlled taatariale. 3. Spacial architactural•or engineering protaeaional inspection of critical construction noatponanta requiring controlled materials or construction apacitiad in the accepted engineering practice standarda'listcd in Appendix PUftBUAtiT TO SECTION 117.2.3, I 6HALL SUIIMIT TOOETHKR WITH PERTINENT COMMEtJTB TO THE 1' A PROCRFiSS RC!'OR'P ~i''~-r- BIILDIN SPECTOR. UPON COMPLETION OF TH$ WORK, I SHALL SUBMIT A FINAL REPO AS 0 ,COMPLETION AND READINESS OF THE PROJECT FOR OCCUPANCY SATIS' CTOIlY . ~ ~ SIC U E SUBS IBED A23D N TO BEFORE ME THIS J DAY OF. ~uDv~ 194p 'ctic o1 v Y 1'U@,LIC MY COMMISSION EXPIRES . ~ ~ ~I~_ 3-13-92 , VAUGHAN, DAT.R AND PHU.BB1Cg Arroax~s AT Law EDWAED FOLEY VAIIGHAx WHAr.Eg'S LANE gEEVar F. DAT,R NANTIIGHET, MASS oass4 MBA D. PHU.saicg _ xEr: ~sosi z2a,anss RACHEL Ci. HOBAET FA%: (8081 228-3070 SuseN H. JONES October 10, 1990 CERTIFICATION TO BUILDING INSPECTOR This will certify that the attached copy of Variance issued to Sankaty Head Golf Club, Inc. and Mrs. Arthur H. Dean will be recorded as soon as the Land~Court issues a new Certificate to the Estate of Arthur H. Dean. It is understood that the Building Permit issued herewith will be null and void unless such recording is seasonably done. R fully, E.F. Vaughan EFV/ccs i yx ~ h F ~ ZLL W w~ Yes ~~ Q ~ za ~~o~ 3Zo op J m !°_ } :~° C` _. ~.:.: ., !f .:._a ~w. Q~ L ~1.~ a C~ Z O ~, V1 O F- Z w cn = E.W.• =OHZ~ ~ Q V V OVZ~~ '" O W_Ja~~. ~~ J ;a W ~ C ~: OWjpp W ~ a}s-app H~ 0 O W W ~ aJ ~~Zm N HO~w ~ o =Zap h-~V~ . Z OOZF~- ~a OWZ~ s o r OH~Q Q - J~pc~i~ az°E'~ o= ~~~_ ~ ~WZG a W~pz a ~ t/)Ga.WH s H~~Y ~' ~7C~~~ W Z Z (~ F- li ~ _' a~?a E... Z W p s VmWti U Z a = tr Z ~ O ZZ(Wjp W ~ W W Q ~ a ~ o.JZW ~ ~ W ~- D H --- Hp W~ ~,,, E- a z aV YO W J~ OJ Zz 3a w W ~~ ~o a ~_ U ss u-p W F- °. ~ > >- ~a ~J s o, ~ cn F- a ~,~. ~ u- w O O Z ~""' }' Z ~m OZ ~ W = ~ ~~ za ~z o _ ~ Z ~ W V- W wo =0 W ~~ za w~ ~O m Z co Z .J W 0 ~ LLI Jm j-J sm ~-~ ZOU Z W U V aa~ Owoac UV W~~ ~a mUm p Z a F- Z EW.,1p V)Z~ C~~ ~QW ~~ ~s~ ~ W a W a y~ ~~Q --~ s~Q ~~ ~_ a. s H ~..~ w Cl v ~~ J ~ '~ a ,~ .S ti~ ~? a Z V a Z W Q a O m i- V s 0 U W a 2 z 0 J ~ ~ Z W w~ Y~ Z a ~z ~LL Z O 3 0 ~" 0 o~:) t~ ~3 Q ® N ~Q ~~ ~ W a O J _ ~ H Z ~ F.. c~a~~ oaW~w t'1 HO Wa W az QW YO ~ ~N OJ W zz 3a a ~ n l c : O ti G ~ t~ u~ : a obi ~ ~ x ~, w ~ ~ V: m ~ C o ~ O ' +' ~p ,~zaa y ~. Q ~ ~ 1 M n ~ m ^ Aq • 1-A~s• ~r~ ~ .-tea ~ tjj .V• ~ r c, C F -- - r \ o ~ ~: ~ : --_ - .! ~ r ^ i ~i-~ ..~ w ~~ s' '•~ ~'a. ~. ..fem. .j(Z. -1 ~'~ a~'y" `~f~ i~`j _ . x~ ._. ~ ~ _ qy ,~ a.j _ <;.i. !nom'{.- r ~~ ~-s ~ ~ ;.~.t~icE ~' r- `i i t a~ r1 ree `„•. • ~ ~ 3•~~ - O y PD• P4 H -o y•~ . ~= '~ ~,•F• }-.;,ate ~ ~ ~ ,;-~z -' ~~~ ,,t~s. ,.;gym ;~~ '4~= a ~:~.. ~ }Hy' •h+• A`i ~+`~ . 3~ "`~. ~' - ~_ ' i ~I~ry A_ ~ _ ~ ~ /~~ S~ 4 ~x -. o ~,q~ = ~ .-. n ~' fi O U W a 2 c~ Z 0 J .m ~_ i~ S \~~ ,y - ~ u 7~~z-9o /O ~9-S / Q II PJLC~G ~ RECEIVED . /j-~~9~. APPLICATION WILL NOT BE BUILDING APPLICATION NUMBER DEEMED COMPLETE UNTIL REVIEWED BY BUILDING ~ aPPUCanoN FoR PLAN EXAMINATION A INSPECTOR BUILDING PERMIT e all Items In Sections: 1,2,3,4, and 5 licant to complet RT A N T - App IMPO OWNERS NAME: n ~ / +~ , ' ~`i!.r~_~ L'~A~ l~l~ C~'-'~~B ~ I~IC ~crriraTt O ~ ~~~~c~ 1' Last First Middle Initial TQ~S. LOCATION ~g t I~,r•~ (,4,~U,~~ RI-7 SI AS G NS~~ OF No. Street Village BUILDING Assessor's Map No. 2-~ .Assessor's Parcel No. 2 TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most r©cent use) O New Building Residential Nonresidential O Addition (If residential, enter number ^ One Family O Amusement, recreational other religious O Church of new housing units added, if any, in Part D, 13) ^ Two or more lamily -Enter , O Industrial ki Alteration (See 2 above) number of unfits ng garage ^ Par ^ Service station, repair garage O Repair, replacement ^ Transient Hotel, Motel or ^ Hospital, institutional ODemolition (If multifamily residential, dormitory; or INTERVAL O Office, bank, professional enter number of units in OWNERSHIP -enter number of units ^ Public utility building in Part D, 13) O Garage ., O School, library, other educational Moving (relocation) O Stores, mercantile O Foundation only O Carport ^ T ks, towers ~ 1 ~ ~'~~ ~ B.pWNERSHIP O Other -Specify Other -Specify _ . Private (individual, corporation, ~~~~~ nonprofit institution, etc.) O Public (Federal, Stale, or local government) omit cents E. DIMENSIONS .C. COST Dimensions (New) of Dimensions of Cost of: a. Structure S ~ ~d Dwelling or Addition: Additional Structures: b. Electrical No. of Stories: ~ Garage: Plumbing c Fi~st~Floor Area: ~~- SF. Accessory Bldg. . Heating d •-Second Floor Aroa: Swimming Pool:- . Other e ~ Third"Floor Area: Other: . TOTAL COST OF IMPROVEMENT ~~~ - -Total Floor Area: ~~q' SF SPECTOR'S ESTIMATE NG I • - ~ •~Fufl Cellar Area: 2O1'T3~~ ' N .BUILDI Y ~ Fo~`new buildings and 5$ELECTED •CHARACTERISTICS OF BUILDING "3 additions, complete Parts E-N f . for-Demolition, compl or all others skip to 4. ete only Part 1.. F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE?DISPOSAL .K. ACCESSORY HEAT SOURCE ^ Masonry (wall bearing) O P blic or private company ~ - --- No. of fireplaces - No of Wood Stoves Wood frame ~ f3}'Private (septic lank; etc:) - - . No. of Coal Stoves ~~ ^ Structural steel __,~_-._ Solar Collector ^ Roin(orced concrete _ _ L TYPE OF WATEF~SW,PP~i' ~ ~_, `• .z Other; ~ `' ~ ~+~ :, O Other -Specify ^ P blic or private company .. --:•~-•.....µ, Private (well, cistern] L. SMOKE DETECTORS ' - -- - - - - ---~- _~~d'a No. of Doctoctors ~~"p~ G` PRINCIPLE TYPE OF HEATING J. SPECIAL CHARACTE~i1,STICS Type (Battery or AC) c~ = ~ See Plan for Location `'~ 1 `• ~~ O.Gas diti i -- O Al C _ ____ on ng > :;~.~ _ _ r on , O Oil O Heat Pump -•----• -- M. RESIDENTIAL BUILDINGS ONLY p Electricity O Central Vacuum -~:=~;.-~-~ Number of Bedrooms ^ Coal ~.~Rn ,~`' GG O Other - Specify I~ y - ^r a ~._.. -.,r.OF WS?j O Other- '''~~ ` ' ~ ._. Number of Bathrooms ...- _ _..7,.~~....-~. _ Full Partial __ ,._...s....er~ R Value • Thickness N.-ENERGY CONSERVATION•~ ,Type -Foundation or Floor fnsu~ation • _ Walllnsulation Gelling or Roof Insulatiori Storm Double Glass Window Glazing: Insulated Glass Wealherslripped: Yes No Doors: Insulated Yes No . (Do not fil(ih if % of window to wall area is less than 20°~ Percentage of Window Area to Wall Aroa: . l,nnr of stniCttlfe: m+uuuun~ ..........-- -- - O. STRUCTURAL CHARACTERISTICS OFBUIl~M1G. ' i • - Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the toltowing information is insufficient for proper plan review. • Foundation ~ $~ ~( ZQ Footing reinforcing: 2 5 • Footing size: ,~,~`` ~',~. r~~~' ~~r1c Wall material: 5.i Wall thickness: t ~.~~~ 0C• Wall height ~~- Wall reinforcing: ~M. (~~ Pier or column spacing: ~ ~ ~' C • Pier or column size: '""'~~p 5 ~O•G.~,,' dam' Pier or column reinforcing: '''" 1 Pier or column footing size: ~~~~•- ' No. of crawl space vents: _.~1•-- Crawl space: ^ Full ^ Partial l fl ~Q Q~C•. 2 Support Spacing: ~---- FRAMING: Main Carrying members: Size: Maximum Spacing: Maximum Span:.-.-- First Floor Framing Joist size: Maximum Spacing: Maximum Span: ---- Second Floor Framing Joist size: Maximum Spacing: Ceiling Framing ..Joist size: ~ Maximum Span: • ' • Maximum Span: ---- Maximum Spacing: ~---- ~ Root Framing Rafter size: g meer. Roof Truss Applicant must submit desi n calculations for all wood trusses stamped by a Registered Profession Eng• Ceiling _ Floors " INTERIOR FINISH Wells _..~.. Bedrooms Living Room Family Room ~.. fining Room / i •• • • o m .. Utility Room • Special (specify) -~----•- t`ifi Attic ~}.•~[. Nil ~, ~t~c• o cellar _ C M~GE4 • RM . ~t~{l-~ ~.C° . M -f, EXTERIOR FINISH `':'" t ' ., _ Wall Material -- f~: ., Root Material ~._. "" Roof Type t NOTES AND DATE (For Department Use) '" F .-;:---- _. - -~ - _ _ ~__ :.. -~~- -~-~-- ~: > FEE CALCUALTI/O~NS QF ~o~p~ui,•: r ~j C~ r NG COMPLIANCE To be completed by atl applicants ,pplicant is required to submit a registered ~ plot plan with application, showing location o1 all structures. S1= {)(~ - sj - Total Lend Area: ~ 3~ q-g ~ Zoning.District: Frontage on Street: - ~"~ - ~"' - lot No. - -fin Plan Book No. and Page: Land Court Plan No. -~~-F"-~ Certificate No. (n99q- Date Lot Purchased: Name of Previous Owner: SUBDIVISION INFORMATION , tJame of Owner: , Date of Plan Approval: Type of Approval: ANR AR Planning Board File No. Is the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO ` Has Plan been filed with the Registry of Deeds? YES NO It YES: Plan Book and Page No. Date TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership. noted on your Title or Deed1 Yes No DIMENSIONS j Z { LEFT ' I ~ '/ Distance from Property Lines: FRONT REAR RIGHT Distance between Principal and Secondary Dwelling: (12ft. mi~ imum.) ~ t ~ 2.O w 7n Height of structure above finish grade: N ~" E ~ S Number of ofl-street parkig spaces: Enclosed On-site ~--- GROUND COVER Principal Dwelling: , Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: . Other:- - Total: ~ '~`~ SF. Allowable: ~~~' 7 SF. MISCELLANEOUS Was a request to'"Determing Applicability of the Wetland Protection Act" tiled with the Nantucket~osnervation Committee? YES ~NO • If answered YES, inclde."Order of Conditions" with application. What date was the "Order of Conditions" with application. ~hO/ ZZ{ ~~~ 9 What date was the "Prder of Conditions" filed with the Registry of Deeds? Is the properfylocated'wlthing a Flood Hazard district? YES NO Was a Variance or Special Permit granted by the Board of Apeals? YES NO ~' It answered YES; whaYdate was the decision tiled with the Town Clerk? 0~~~ `~-~ ,g gd FOR BUILDING DEPARTMENT USE ONLY Minimum Lot Size: .. .. Frontage on Street: Front Yard: Additional Comments 3c~ ~lc~c Q Trorc _,.. t \ ,,.~~ ~.. Date: F_'_'~,~_+, APPROVED B •-: , _. Y Zoning Otficer Ground Cover Ratio: Side and Rear Setback: _ •~4,. _ 5. IDENTIFICATION - To ba completed b ell applicants Name Mialing address -Number, street, city, and State Zip Code Telephon ' ~ Owner or SAN ~(p: Lessee$ ~ __ s S A 25 2' General _ Builder's License Contractor C05 ?~ ^a 3. Contractor Date Signature 4. ~ a D Architect or ~~ ~_ Z Engineer ZS , 1 hereby certify that the proposed work is authorized by the ownerof record and that I have been authorized by the owner to make this application . hi orize gent and w to conlorm to all applicable laws of this jurisdiction. Si nature of applic nt Address Z~ ~}G~~ ~D. ~ SI A~SCONS~T ~ M A v2,S(~ DO NOT 1~RITE BELOW THIS LINE ~ 6. PLAN REVIEW RECORD -For ofnce use Plans Review Required HISTORIC OISTRICS COMMISSION " ~ SEPTIC o ~ !- ,tt ~. ~ , ` G SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) _ ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL - •• .. 7. VALIDATION ~, , ~~ r _ .Building ~7 /, '~---- ~~Perrnit number _ /~`7 0~ ~ ~d ~'~' --Building //, n ,~O _ Permit issued jj Date of Reissuance a FOR DEPARTMENT USE ONLY . •- n~ Use Group ' Fire Grading " ~~ Live Loading - Occupancy Load Census No. ~ S Building ,~71 ._ Permit Fee `./v ~ . . Date of Issuance of ~~~~GZ ;: Certifica7teQQof Occupancy y~ -- - -~-- - - +~~ ! 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'~''' K7 ~•~ __ ~~ - RN_ ~~- ~X ~: C .. i ~~'<'... ;~ .r :x~ J ~-a_r __- ~;;_' f~ 0 v W a z :r ;`r\~ M ~/ `'J r~~ I `'~ ,t.• 1 /~ - ' . - - .. ED ~O - ~ 9 - 9O RECEI a L- ' C 7(,13- 9a V ~ . ~9D .APPLICATION WILL NOT BE DEEMED COMPLETE UNTIL BUILDING APPLICATION NUMBER REVIEWED BY BUILDING aPPUCarION FoR INSPECTOR PLAN EXAMINATION AN ~ BUILDING PERMIT IMPORTANT - Appllcanl to complete all Items In Sectlonr 1,2,3,4, and 5 ~. OWNERS NAME: ~A~-~-~N ~~_-AL7 C-~1~ CL~, ~,_11~IC /`'r~P-~irL O' /P~~u-y LOCATION Last First Middle Initial " " " - T.S. • p F - _~ n BUILDING r No. street Village Assessor's Map No. - 2~ Assessor's Parcel No. ~ ~ S 2. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential ^ Addition (If residential, enter number ^ One Family ^ Amusement, recreational of new housing units added, O Church, other religious if any, in Part D, 13) ^ Two or more family -.Enter ^ Industrial ^ Alteration (See 2 above) number of untils ^ Parking garage ^ Repair, replacement ^ Transient Hotel Motel or ^ Service station, repair garage ODemolition (If multifamily residential, , dormitory; or INTERVAL ^ Hospital, institutional - enter number of units in OWNERSHIP -enter number of units ^ Office, bank, professional building in Part D, 13) ^ Public utility oving (relocation) ^ Garage O School, library, other educational O Foundation only O Carport ^ Stores, mercantile ^'Lanks, towers B. WNERSHIP ~ O Other -Specify Other -Specify ~S ivate (individual, corporation, " nonprofit institution, etc.) ^ Public (Federal, State, or local government) omit cents E. DIMENSIONS ` C. COST ~ Dimensions (New) of Dimensions of Cost of: a. Structure O Dwelling or Addition: Addition l Str t - a uc ures: b. Electrical No. of Stories: , Gara e: c. Plumbing First Floor Area:. tt~ZO ~•F. g A c Bld c essory g. d. Heating Second Floor Area: Swimmin P f ~ °"•' '~ '' ' g oo :- e. Other Third Floor Area: Other TOTAL COST OF IMPROVEMENT 0 ~ Total Floor Area: . BUILDING INSPECTOR'S ESTIMATE . Full Cellar A rea: 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N , • _ for Demolition, comple te onl Part 1., for ell others skip to 4. F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE . ~ • ' O M onry (wall bearing) ^ Public or private company . No. of fireplaces ' od frame ^ Private (septic tank, etc.) No. of Wood Stoves -- °~":rY~''°•~~ ' - `''' `'""''~ ^ Structural steel No. of Coal Stoves ~ "' " " Solar Collector -.r,f~ e" '' ^Reinforced concrete I. TYPE OF WATER SUPPLY Other. i ^ at O Other -Specify Public or priv e company ^ Private{well; cistern) L SMOKE DETECTORS - -_ - - No of D t t - . ec ec ors G. PRINCIPLE TYPE OF HEATING """""--` - Type .(Battery or AC) - " J. SPECIAL CHARACTERISTICS -- - ----~- ^ Gas '" '"" - ~ Sae Plan for Location O Air Cor~dlttoning : , --- - ~ ^ Oil - . _ .: __._ __ ,ri _ .. _ __ • ^ Electricity ^ Heat Pump.,.,..-".4. M. RESIDENTIAL BUILDINGS ONLY-- N - O Central Vacuutrt_ Number. of Bedrooms ~ ^ Coal r , •. - - - --- ^ Other - Specify ~N~ _DOther Number of.Bathrooms. '~`~ F ~ _~ Full Partial • ~M~ ~ N. ENERGY CONSERVATION_ Type Thibkrfess R Value Foundation or Floor insulation Wall Insulatiop.. - Celling. or Roof Insulation Window Glazing: Insulated Glass Double Glass Storm Ooors: Insulated Yes No Weatherstripped: Yes No Percentage n1,Wirldow.Area to. Wall Area: Maximum BTU loss per hour of structure: ' .~(Do`not~llt in if % of window to wall area is less than 20%) Q. STRUCTURAL CHARACTERISTICS OF BUILDING _ + Applicant Is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficient for proper plan review. Foundation -- Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height It WaII reinforcing: Pier or column size: JZ ~ Q Pier.or column spacing: Pier or column tooting size: 2 I-~-~-- Pier or column reinforcing: No. of crawl space vents: Crawl space: O Full O Partial FRAMING: Main Carrying members: Size: -- Support Spacing: _-- First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: ' Ceiling Framing Joist size: ,t, Roof Framing Rafter size: Maximum Span: Maximum Span: Maximum Spacing: Maximum Spacing: , Roof Truss Applicant must submit design calculations for all wood trusses stamped by a Registered Procession Engineer. INTERIOR FINISH Walls Floors Ceiling Bedrooms Living Room Family Room Dining Room Bathroom Utility Room Special (specify) Attic Cellar EXTERIOR FINISH Wall Material Root Material - '- . -~' Roof Type ; NOTES AND DATE (For Department `U~e) 1 }, .. _~.., .Yi f~~: ~^ J. -.._ " ~ `" FEE CALCUALTIONS _~:ONING COMPLIANCE To be completed by auappucants Applicant is required to submit a registered:plot plan with application, showing location of all structures. • Zoning.District: ~)ts -- ~ Total Land Area: ~ -~ Frontage on Street: -- -~~-?~P 1 Lot No. '^ . Plan Book No. and Page: Land Court Plan No. Et~D7DA T ~ ~~71T'~i'~ Date Lot Purchased: Certificate No. ~~.g9~{' SUBDIVISION INFORMATION Name of Provious Owner: Name of Owner: • Date of Plan Approval: Type of Approval: ANR AR Planning Board File No. Is the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO • Has Plan been tiled with the Registry of Deeds? YES NO If YES: Plan Book and Page No. Date Ground Cover Ratio: DIMENSIONS ~ I I I Distance. from Property Lines: FRONT REAR ~ LEFT ~ RIGHT ut7 ~ 0.~., Distance between Principal and Secondary Dwelling: ~ (12ft. mi~ imum.) Height of structure above finish grade: N ~_ E ~_ S ('~- yy ~~ . Number of off-street parkig spaces: Enclosed On-site ~_ GROUND COVER Principal Dwelling: Secondary Dwelling Addition: Garage: Accessory Building: Swimming Pool: Other: ~ t-~• g1~ s 349p~' ~~ ~~~~~5 TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? Yes No Total: -~~ ISU SF. Allowable: ~,T~~' < ~ SF. ~ ~ ~ -~-~ ~r MISCELLANEOUS -- Was arequest to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket Cosnervation Committee? YES u . NO - It answered YES, inclde "Order of Conditions" with application. - What date was the "Order of Conditions" with application. ~()~,,,~ Q'L~ (~9 What date was the "Order of Conditions" tiled with the Registry of Deeds? J Is the property located withing a Flood Hazard district? YES NO ~. Was a Variance or Special Permit granted by the Board of Apealsl YES ~ NO If answered YES, what date was the decision filed with the Town Clerk? ~QP~..g << J ~~90 u•.? J . FOR BUILDING DEPARTMENT USE ONLY .Minimum Lot Size: Frontage on Street: Front Yard: Additional Comments: Side and Rear Setback: ~~ ~ oafs: r.- . _ • APPROVED BY: Zoning Otticer ~ `. ' _• ~. ILCry l l!-IVMI IV1~ - to oe tomptetea d an a ppncanu --- Name Mialing address -Number, street, city, and State Zip Code Telephone N~ ~ v _ Owner-o Lessee 79 - i O p, ~ - Builder's License General Contractor - t~s (~ 3. Date Contractor Signature /a a. i t ~ ~ IL or tec Arch Engineer ~ C I hereby certify Thal the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as hi onz agent and w ee o ontorm to all applicable laws of this jurisdiction. Si ature of applic nt Address ~ ~ (.h ~~ 2~ ~T~ ~- , S~ASCorls~i ~ Ml~ o25r~ DO NOT ITE BELOW THIS LINE ' 6. PLAN REVIEW RECORD -For Ottlce use Plans Review Required HISTORIC DISTRIGS COMMISSION ' ~ ,~., c~ •~ a • . • ~ SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Bo~rif of Selectmen) RELEASE FORM (Planrli~g Board) ROAD OPENING PERMIT (DPW) PLUMBING. - ELECTRICAL ' r' I 7. VALIDATION ,.,u' . Building ~~~~ ~~ Permit number _ ~ f ~ -- ~ -~_ , Building , / p• (~-- Permitissued /vU/ y ~~~7~ Date of Reissuance Building __ _~~ • O Permit Fee , __ Date of Issuance of Certificate of Occupancy MR 780 ED#4..~_~:.~:~... FOR DEPARTMENT USE ONLY Use Group Fire Grading Live Loading --- Occupancy Load Census No. ~~ Approved r- - = -~.~- °._ - ~~C ~~ _ ~ti Q Go ~ _ ' - T (M ® ~ "V ~ ~ ~ 4 W d ZW W J 'w ~u W i ~„ ,~ . ~V ~ ~ ~ ~ ~ Z a, _ ~h a ~~ z ~ ~ ~ ~ a~ ~ ~ Z O O a -~[ a~ Z ,~ ~~~ Q ~-~ O ~ _ ~' J W ~ ~ ~~ ~ ~~ W _,.~ • 7 U ~~~ ~' F- t.~ ~ ~ Q Z s~ ~ t'om' F- c. ~'.~ `e...d ~ 1-ZWtA W~ ~Q !~ W QOZC3~ F- =~hZ~ 1- W a ~" D~U u~v YO ~: F U VzJO aW ~~ ~ r: J W O pacnm~ zz ~-' ~ ,.. >a~~° OW wg a~ ~ W h z V ~ Q H O W _ ~- U = _ a a o u„ H y wUVZ ao w~ Z ~~ ~ oCu.?m HQ u..~ C~ ~.. wzaa zt- h? a. _Z ,~ ~OV~ ~m oz ~ ~>a~ ww =v O O z ~-- oc H- F- ~ 6 ~n~.~W-cwi~ OQp ~? V OwWZ° ~-° oOcw ~ ? 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I.'~G -a ; ' y~,i ~' ~'.- ITV G _ ~ _ i L~ / ' _ l ~~ i ~I ~ l 7~0~~"90 RECEIVED /~J-a 9- 9d (-~ ~.pG-, ~ ~ ~ V AP~?LLCATION~INILL NOT BE -- - BUILDING APPLICATION NUMBER DEEMED COMPLETE UNTIL REVIEWED BY BUILDING APPUCarION FoF INSPECTOR - • - PLAN EXAMINATION ~ .. - BUILDING PERMIT ppllcbnt to complete all Items In Sectlonr 1,2,3,4, and 5 IMPORTANT A 1 OWNERS NAME: . // AA yL`~.L~S~TV II~~-C~ ~~~ I^L1 ~~- ' • Last First Middle Initial ~ `~S• LOCATION ~8 !-b(t"~~ (-~Du-~kl ~2 ~1 ~r.''` w' ~,~ 3~{ OF - BUILDING No. Street Village ~~ Assessors Map No. .Assessors Parcel No. 2 TYPE AND COST OF BUILDING -All applicants complete Parts A-D .. A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential ^ Addition (If residential, enter number D One Family D Amusement, recreational of new housing units added, O Church, other religious if any, in Part D, 13) ^ Two or more family -Enter ^ Industrial ^ Alteration (See 2 above) number of unfits ^ Parking garage O Service station, repair garage ^ Repair: replacement ^ Transient Hotel, Motel or ^ Hospital, institutional demolition (It multifamily residential, dormitory; or INTERVAL D Office, bank, professional - enter number of units in OWNERSHIP -enter number of units ^ public utility building in Part D, 13) w p Garage ^ School, library, other educational ing (relocation) O Carport ^ Stores, mercantile O Foundation only D nks, towers ~ ^ Other - Specity Other -Specify ~~~ S B. SWNERSHIP rtvate (individual, corporation, nonprofit institution, etc.) O Public (Federal, State, or local government) ' - - omit cents E. DIMENSIONS ` C. COST ~ Dimensions (New) of Dimensions of Cost of: a. Structure Dwelling or Addition: Additional Structures: b. Electrical No. of Stories: ~ Garage: c. Plumbing First Floor Area: S~Z ~ Accessory Bldg . _ ._ d. Heating - Second-Floor•Area: Swimming Pool: . e. Other Third-Floor Area: Other: TOTAL-COST OF IMPROVEMENT Total Floor Area: ~Z SF BUILDING INSPECTOR'S ESTIMATE Full Cellar Area: 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N - for Demolition, complete only Part 1., for all others skip to 4. F PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY HEAT SOURCE .. O onry (wall bearing) ~ p Public or private company _u - * : No. of fireplaces • >a_WOOd_irame tr c D Private (septic tank, etc: ,. ""- "' No. of Wood Stoves _ _ No. of Coal Stoves tural steel ^ S u _ __ . _._.. - _ Solar Collector O Reinforced concrete 1. TYPE OF WATER SUPPLY _ Other: D Other- Specify ^ Public or private company _ - ..:._....,.,Y_- __ .-:-~ - ~ ~ O Private (well, cistern) - _ -_ L. SMOKE DETECTORS '""-•~t ~~ . `.-_'-_ -_ - No. of Dectectors - --~ G ~Pl~INCIPLc TYPE OF HEATING !~ ., Type (Battery or AC) ~ - - J. SPECIAL CHARACTERISTICS _ ^ Gas"-° - - - - See Plan for Location --_ - - - - - - _ . ^ Alr Condltloning ._ b Oltry~ , ~ ~ . -- ..,.. ~- .- ^ EleCtriclly O Heat Pump __~- •. M. RESIDENTIAL BUILDINGS ONLY D Central Vacuum - - --- Number of Bedrooms ^ ~~ " ~ et Specify ' O Other- ""'~~~"~ ~." -Number of Bathrooms r ' ...;;~ _ - _ .. .. _ ._ _,..~,._ .....__.:~~~+ .:. ... _ , ._ _ Full Partial • -• - 3. Continued - - ~~ _ ~ .R _'~ 1~''' _-- 1I ~ ~ - • Thickness R Value N. ENERGY CONSEFtVATIQN . .Type Foundation or Floor iflsulalion _ Walllnsulatfon , -CelUng or Root Insulation Storm Window Glazing: Insulated Glass Double Glass NO Doors: Insulated Yes yvCO11 ~c~ a...r.~...... . -- Percentage of Window ArBa to Wa~1~~Aroa: ! _ ' . (Do not till in it °k of window to wall area is less than 20%) Maximum BTU loss per'hour of.structiire: -. O. STRUCTURAL CHARACTERISTICS OF BUfI~DIrNG ;~ . ~ ~ - " ~ ~ ' ` o to the complexity of the structure, it the following information d i u on Applicant is required to submit complete structural framing plans with applicat is insufficient for proper plan review. Foundation Footing reinforcing: Footing size: Wall material: Wall thickness: Wall reinforcing: Wall height ~- - Pier or column size: 1 nia - Pier or column spacing: .~~~ Pier or column footing size: ~-~ Pier or column reinforcing: ++ Crawl space: O Full O Partial No. of crawl space vents: ' f -~~~ ( ~ [` ~ --~-~j. X ~ Support Spacing: FRAMING: Main Carrying members: Size: Maximum Spacing: ' First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span:.-.--- Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing ~ Ratter size: Maximum Span: for all wood trusses stamped by a Registered Profession Engineer. i Roof Truss Applicant must submit d ons esign calculat Fi~~~~ Ceiling INTERIOR FINISH Walls __ Bedrooms Living Room Family Room Dlning Room Bathroom Utility Room - _„ - Special (specify) _ . _ - • = ~ - •- ~: t`.~ ~ Attic ' Cellar ' ~ ' J - .- EXTERIOR FINISH ,i ... Wall Material , - ~ - Root Material 1 -oe'~`~~"T' Root Type ~..._.,,~ NOTES AND DATE (Forbopartmant Use) __ - - - ~- . .. ~t, -c, • -~-- ~" ~ . { ~_, ,,._ -_.. FEE CALCUALTIONS _ ,v _1-= t .~~o-. ai.: .. .... • - - ~»C 4 ~-' J --ti<_= - ;.~a. _ .. __ _ y ~fx''.. COMPLIANCE To be completed by ell appllc~nts Applicant is required to submit ap registered plot plan with application, showing location of all structures. 27 f A Zoning.District: ~I~T ~ Total Land Area: J Frontage on Street: Plan Book No. and Page: Date Lot Purchased: _ SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board File No. ,Is the Subdivision subject to a Covenant: YES NO GIs a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES NO If YES: Plan Book and Page No. Date TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? Yes No DIMENSIONS t ( ~ f Distance from Property Lines: FRONT REAR ~ LEFT ~ RIGHT 'v ~•8• Distance between Principal and Secondary Dwell ~ng: t (12it: mi ~imum.) f Height of structure above finish grade: N ~" E ~ S ~ W ~¢ Number of off-street parkig spaces: Enclosed On-site GROUND COVER Principal Dwelling: . Secondary Dwelling: Addition: s-- Garage: Accessory Building: Swimming Pool: Other:- Total: C.~~~~ SF. Allowable: ~'~S• low SF. ~~,~-ttorl W 1'~ 1 ~ ~,er/t~4T . Na C4~ MISCELLANEOUS ____._._ Was a request to "Determing Applicability of the Wetland Protection Act" tiled with the.Nantucket.Losnervation Committee? YES.~LNO If answered YES, inclde "Order of Conditions" with application. What date was the "Order of Conditions" with application. ~wl~rG --~ ~~ Lw~ What date was the "Order of Conditions" filed with the Registry of Deeds? Is the p~dperty located withing a Flood Hazard district? YES NO . Was a Variance or Special Permit granted by the Board of Apeals? YES '~-NO~ ~~ i t 139r~ If answered YES, what date was the decision filed with the Town Clerk? ~~~ -~-7-- ~_,__r._7.. FOR BUILDING DEPARTMENT USE ONLY Minimum,Lot Size: , Frontage on Street: Frorit Yard:. Ground Cover Ratio: Side and Rear Setback: Add illonal :Comments: u ..~._.~ - --- - .~, _ __T.~.-- gE ,.1E Dale.- s-.~ .l4;'+~ :; .. _M~, j ' Lot No. Land Coy.:: P! ^ "'^ ~ ~~- Certificate No. Name of Previous Owner: ~ ~C .9'155 £ 3a~- ~ ~~EM ENS Zoning Officer p.op. .r 5. IDENTIFICATION - To bs completed b?alI applicants • ~ ~• • ' ~ - - Name - •?' Mialing address -Number, street, city, and State Zip Code Telephone ,. Owner or K 25 - ~ Lessee ~~ __ _ _ 2• General Builder's License _ Contractor ' ' O S 3. Contractor Dale Signature /d a~ D a. _; .- Architect or - Engineer • • •-• ---, ~~~ •~~~ •~ ~a. ~~ ~~ N~ ~Nv~CU wvrK ~s aumonzea oy the ownerot record ahd that I have been authorized by the owner fo make this application as hfs ++tti6~it~agent and w gree o conform to all applicable laws of this jurisdiction. i. - \~ ~. SigrJe[ure of applicant ~ i Address DO NOS WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD -For Ofnce Use Plans Review Required HISTORIC DISTRICS COMMISSION `. • SEPTIC o Z ~ - ~• - l • S o SEWER , WATER WELL COMPLETION REPORT ~ ' CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) ROAD OPENING PERMIT (DPW) PLUMBING . ELECTRICAL .. .. ~_'r~__: `..ct ti..:~~.:• 7. VALIDATION .:.;:u. _ ,. - -• l - - Building ~~ ~~~ ~~ ,/ Permit number _ Building //_~ - ~ U Permit issued -- - - -- - ~ - Date of Reissuance FOR DEPARTMENT.USE,ONLY Use Group ?` `~° Fire Grading ' ~ "` Live Loading -- ----- - - Occupancy load ' '- Census No. o~S ' :~ ~.,,,. >.. ~ . Building Permit Fee Date of Issuance of Certificate of Occupancy CNiR 780 ED#4-~-- - _ ~ ~=~ ... `--~- --._._._ Building.lnspector•-- ~~,~4 s ~ M ~6 w Y ~~ ~a ~z ~LL Z O O t~:..~ 0 u ~~ ~~ -~.. ~~ -"" G~.+ U ~' H Z w DC Q a w 0 (~ Z D J m W V ~~ 0 •;~ .` Q W °' = a r ® 0 Z a J _, ~- t: ~i^! i ~= y ~. F Q .~ 0 Z ~- s~ 1. Q Q H W U W Q a F- O i-ZW~ _ _ =01=-Z~ ~VZ~o W J Q ~ ti ~aW~w Oa~00 w Z a~QO~ ~~z OWao ~ ~ Z ~ ~,~_m W Q p W W Z Q Q H ~ U ~ Z OOZH ~a~cWn 2 Z=a= o~~Q UOZtn H- Q~OQ 2 Z U ~ ~1a-o'C= H'ZF-1- ~ ~ ~ Z ~ a a~Uz w W p = W ~ Y ~I-DOV zz~~ H-oz_z 4.J1-Z hv~~ m ~- W o .. Z ~ ~ Z ~ZUp ~ Z !- )o W J Q .W ~ ~ W ~ ~v Q W Z~ OW H~ ~a wa a~ a t=- Q OS I- oc m W W ~Q z0 O ~Q ~ W z c~ W ~ m z J W J m 3~ ~- a U= ~Z ~ Q Z a 0 UU OW ~a o ~' z W ~ ~ W U~ ti ~ ~ Q az ~ o ~ J 3a w~ ~O ~v ?o ~ J ~~ p0 W ~ Z a~ GZ =U ~z O- C u- W =o za ~O co Z ~ N LLI QOQ zWc~ H ~ZQ Wga m 0 ..I V m .~ °o Z gaw ~ ._ OC awa =- ~. _' . , ~ s,. . `s`.. ~_ a F- O V J a U 0 V a Z W Q a O m U i~ • -- n N 11 ~ 9- ~ ~ ~s• 7G~5 .ga RECE1VED ~~ ~~~~ _ APPLICATION-WILL NOT BE BUILDING APPLICATION NUMBER DEEMED COMPLETE UN TIL I REVIEWED BY BUILDING APPUCATtoN FoR ' INSPECTOR PLAN EXAMINATION A BUILDING PERMIT n d 5 IMPORTANT -Applicant to complete al l Item~ In Sections: 1,2,3,4, a ~ OWNERS NAME: / ~ ~~ ~ I~IEJ~D l'~-F C~ ` 1 ~ u~P TI r~• - ~7~CNL?~L O ~ I~~l~ ' Last First Middle Initial ~I bps LOCATION ~ ^ CS ~~~y~ l S N _ ~I a C~~ Rp. Ia~ 4~ Cr~ s~ OF BUILDING No. Streot, Village Q Assessor's Map No. 2-~ .Assessors Parcel No. S 2. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential O Addition (If residential, enter number O One Family O Amusement, recreational of new housing units added, Q Church, other religious if any, in Part D, 13) ^ Two or more family -Enter O Industrial ^ Alteration (See 2 above) number of unfits ^ Parking garage O Service station, repair garage O Repair, replacement O Transient Hotel, Motel or ^ Hospital, institutional _ ODemolition (If multifamily residential, dormitory; or INTERVAL O Office, bank, professional enter number of units in OWNERSHIP - enter number of units ^ public utility / building in Part D, 13) ^ Garage ^ School, library, other educational Moving (relocation) ^ Carport ' ' ~ ~ ~ ^ Stores, mercantile D Foundation only p nks, towers B.1dWNERSHIP O Other -Specify Other - Specity ~~ t Private (individual, corporation, nonprofit Institution, etc.) ^ Public (Federal, State, or local government) • __-omit cents E. DIMENSIONS C. COST S Dimensions (New) of Dimensions of Cost of: a. Structure Dwelling or Addition: Additional Structures: b. Electrical No. of Stories: ~ Garage: c. Plumbing First Floor Area: ~~ ~~ Accessory Bldg . d. Heating _ Second Floor Area: Swimming'Pool: e. Other Third Floor Area: Other:- ~ ' TOTAL COST OF IMPROVEMENT Total Floor Area: u~ ~• BUILDING INSPECTOR'S ESTIMATE Full Cellar Area: . _ _~._ r_ 3. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-N "' " for Demolition, complete only Part 1., for all others skip to 4. F. PRINCIPLE TYPE OF FRAME _ ''"` H-TYPE OF SEWAGE DISPOSAL K. ACCESSORY ~ER~;,SOURCE O M onry (wall bearing) ' _.:^ P.ublic or private company No. of fireplaces.„ ~` " ~ No. of Wood Sto a ~ ; ood frame !--0 Private (septic tank, etc.) No. of Coal Stoves~`~-~ l l ^ " ' Structura stee - r Solar Collector _-~- ^ Reinforced concrete l. TYPE OF WATER SUPPLY Other: ~ O Other -Specify O Public or private company - '" OPrivate (well, cistern) L. SMOKE DETECTORS-~J- G. PRINCIPLE TYPE OF HEATING - a~ ~ Type (Battery or ~CC)'"'""° O Gas ;~J,SPECIAC CHARACTERISTICS See Plan for Loca~ ton ...~ _OAIr-Conditioning ~ _----- - O,Heat Pump M RESIDENl'IAL'B-CJiL~YIVGS ONLY D Electricity •'=•OCentral Vacuum , . -. Numberof Bedroertlsµ-=-"--- ^ Coal '' ~ -0ther ~ . -Number of Bathroo`"' y ""~ ~ O Other - S eci( ww,,~~ P Y Iii ~ ~• ' y " ~~--_: _ - `: - Full '' Partl " ': ' - 3. Continued -- .. . - .. .. , N. ENERGY CONSERVATIQN Type 'Thickness R Value Foundation or Floor insulation ' ` Wall Insulation Ceiling. or Roof Insulation Window Glazing: Insulated Glass Double Glass Storm Doors: Insulated Yes No Weatherstripped: Yes No Percentage ,of. Window Area to.lNall Aroa: Maximum BTU loss per hour of structure: ~"' ' . (Domot fill~~in if % of window to wall area is less than 20°!0) O. STRUCTURAL CHARACTERISTICS OF BUILDING Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information is insufficiant for proper plan review. . Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height .~_ Wall reinforcing: Pier or column size: ~~1L~ Pier or column spacing: Pier or column footing size: Z~}' ~ Pier or column reinforcing: No. of crawl space vents: Crawl space: D Full ^ Partial FRAMING: Main Carrying members: Size: Support Spacing: ' First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: ~ Ceiling Framing, Joist size: Maximum Span: Maximum Spacing: Root Framing Ratter size: Maximum Span: Maximum Spacing: ~~ Roof Truss 'Applicant must submit design calculations for all w ood trusses stamped by a Registered Profession Engineer. INTERIOR FINISH Walls Floors Ceiling Bedrooms -- Living Room -- Family Room Dining Room -- Bathroom ~ -- Utility Room -- Special (specify) .E' Attic ti Cellar - EXTERIOR FINISH _. „- ~_ Wall Material ''` ° ~- Roof Material ~' ~' ~~" ~- Roof Type "!L`r~ NOTES AND DATE (For Departmont We) ~~_ _~_ 38! ~.~~ ^.~y _' :.;. " .. :i FEE CALCUALTIONS r.~1./ ~.__ • 1i .. I : r...:- ~ ..a.- . ING COMPLIANCE To be completed by a0 appllcanta :Applicant is required to submit a registered plot plan with application, showing location of all structures. _ Zoning.District: T ~"~ Total Land Area: ~~ ~~ ~` Frontage on Street: lot No. - Plan Book No. and Page: Land Court Plan No. °S319--E • Date Lot Purchased: Certificate No. SUBDIVISION INFORMATION Name of Previous Owner: Name of owner: FOR ~/~c$~MF~TS Date of Plan A roval• PP Type of Approval: ANR AR Planning Board File No. Is the Subdivision subject to a Covenant: YES Is a Release required: YES NO Has Plan been filed with the, Registry of Deeds? YES Ii YES: Plan Book and Page No. Date NO NO TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership noted on your Title or Deed? Yes No DIMENSIONS ~ t ~ Distance from Property lines: FRONT 5 REAR ~ LEFT ~ RIGHT Distance between Principal and Secondary Dwelling: (12tt. minimum.) t t 2~ Height of structure above finish grade: N ~7•J E ~"~_ S «t W '~ Number of off-street parkig spaces: Enclosed On-site GROUND COVER Principal Dwelling: Secondary Dwelling: Addition: Garage: Accessory Building: Swimming Pool: . Other: Total: ~ ~~ SF. Allowable: ti ~~ low SF. IZT1o~l W [TN-t•~ /M~ ENT . ~No C~~~ ll~ l7't~W1~b ~~ MISCELLANEOUS -.:----- --- - _ ...:....- Was arequest to "Determing Applicability of the Wetland-Protection Act" tiled with the Nantucket Cosnervation Committee? YES ~NO It answered YES, inclde "Order of Conditions" with application. ~ What date was the "Order of Conditions" with application. JU~E ~ ~ ~~ 89 ~ r;,. . What date was the "Order of Conditions" tiled with the Registry of Deeds? Is the property located withing a Flood Hazard district? YES. NO . Was a Variance or Special Permit granted by the Board of Apeals?.YES ~~N~~O--~~ii~~ It answered YES, what date was the decisioh tiled with the Town Clerk? La..s~~ g..~ ~~g FOR BUILDING DEPARTMENT USE ONLY .-~-::.. ~ .. Minimum Lot Size: Ground Cover Ratio: Frontage on Street: - Side and Rear Setback: Front Yard: ~ - Additional Comments: -=~-_. ..r~,~.~., ''a - - , ;tw. ~--.--: APPROVED BY: - _y r,;;n,+l~•'~- .~'~-.~ _ Dale: Zonfng Officer - 5. IDEN f IFICATION - To be completed b all applicants Name Mialing address -Number, street, city, and State Zip Code Telephone N~ 1. - Owner or Lessee + f~pgas, _ 2 Builder's License General Contractor Z :~ ~s~ 3, Date Contractor Signature /D o~6 O 4. Architect or Engineer QZS I hereb ify that the pro oi•k is authorized by the owner or record~and that I have been authorized by the owner to make this application as hi uthorize gent an a agree o conform to all applicable laws of this jurisdiction. Sig ature of applic t Address 2~ BPS IZD. ~ S1aSCBt~SEt , N(A dZS(o~ DO NOT RITE BELOW THIS LINE 6. PLAN REVIEW RECORD -For ofnce use Plans Review Required .HISTORIC OISTRICS COMMISSION ~ ~ l I ~ $ - ~ SEPTIC SEWER ',~. J WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF ~ _ - OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) - ROAD OPENING PERMIT (DPWJ ". P).UMBING , . ~~t ELECTRICAL ~ •~ 7. VALIDATION ' `~ .. ~- :, . _tt-i~. _ ' ~ _..... Building // ~CO 7 S - ~ ~ ~ ~/ : Permit number _ , " Building ~~_ ~ ~ CJ (~ _.__ . _ __". Permit issued Date of ' Reissuance Building Permit Fee Date of Issuance of Certificate of Occupancy ~'°°'^' `"`°^ FOR DEPARTMENT USE ONLY- - ~~. re`, Use Group Fire Grading Live Loading Occupancy Load - Census No. D~ gg ~,,,- . - - ,~ ... ~ ^ A Approved by: ~ ___~~ _ Building Inspector ~• ~ - "Y`~'3 _ ~. r w ~ ZW; ~ ~ W ~- W ~ ~ ~ ,V ~ ~~ ~~a ;~ D~ a .a ~~ . ~ ,~ ! ~ ~ ~~ ~ ~ O o ;~ •~ Z~ ~~ ~ ~' J _.._ ~ - f::: i=_j ~_J _y~ ;^ Z -_. .~ ~__~ = W V 10 •~l~ .o a W tt. a~c V H W o' O O N o~c a E--ZW~ SOI-Z~ ~..Q~DU O ~? z -J -c°o WJa~I~ pa.V~mW oa~oo ocw~-zc,~ a=a0 u,~jVZ O W 'Www C VI ocu.im ~~z~ z ~ Q W N ~~ o-zcn ~ ~ W W o°'z~ Z~~U ~ U~ZN - aZO~ v~~~= F" Z H F- ~~~ZZ ~ W~Va cna-=w =WF"Y ~o °c~c~~~ ZZ(ryZ Z a W~hZ UmWW O ._ z~~z N Z U Q DO~WZ~ a aJz= u. - z=oo? o~ ~~ w0 F- ~., aW Z Z O" ~"" a wa a~ a HQ o~ ~m ~w za O ~z a W W ~Z mW J W J m 3 W ~- Q v_ z~ aZ ~o UU OW wa O~ z wo ~ W U~ W ~ H G7 ~w w~ as W a W a z cn YO O J !LJ w as a'' ~~...-~~ C F. ~U = ~ ~ ~ ~ Z 1 ~J O W~ V ~ o~ a "' z a o z ~ ~ . =v O ~~ ~Z U ~ W ~ ~V Z O H ~ V zOa a ~p ? co Z ~ DEW W aOQ a ZpV a w E- ~za .o Owoc via W mOJ m ~Vm ~ ioz g cnz~ O ~aW ~ ~s~ a V a W Q ~ i~a ~ ~~w 0 W a z .. RECEIVED /a ~9 9d APPLICATION WILL NOT BE _ DEEMED COMPLETE UNTIL REVIEWED BY BUILDING INSPECTOR 76 Sfb ~ 90 ~~ II ~~I ~-g o / ~l BUILDING APPLICATION NUMBER APPLICATION FOR PLAN EXAMINATION At BUILDING PERMIT IMPORTANT - Applicant to complete all hems In Sectlon~: 1,2,3,4, and 5 U 1. OWNERS NAME: T~7~'. LOCATION ~ Last First Middle Initial I ~~' ~~• ` ~~~~,~L ,~ No. Street Village n Z, BUILDING Assessors Map No. `J Assessor's Parcel No. 2. TYPE APLD COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential ^ Amusement, recreational ^ Addition (If residential, enter number ^ One Family ^ Church, other religious 01 new housing units added, it any, in Part D, 13) ^ Two or more family -Enter ^ Industrial ^ parking garage ^ Alteration (See 2 above) number of untils ^ Service station, repair garage ^ pair, replacement [i Transient Hotel, Motel or ^ Hospital, institutional - emolition (If multifamily residential, dormitory; or INTERVAL ^ Office, bank, professional enter number of units in OWNERSHIP -enter number of units ^ public utility building in Part D, 13) ^ Garage ^ School, library, other educational ^ Moving (relocation) ^ Stores, mercantile ^ Foundation only ^ C~rport ^ Tanks, towers ^ Other -Specify B. NERSHIP 6Tt7the~r~-cS~pecify rte ©~~ ~~ rivate (individual, corporation, ~i~z..t~- nonprofit Institution, etc.) ^ Public (Federal, State, or local government) omit cents C. COST Cost of: a. Structure ~ b. Electrical c. Plumbing d. Heating - e. Other TOTAL COST OF IMPROVEMENT ,. /~~ ~~ BUILDING INSPECTOR'S ESTIMATE E. DIMENSIONS Dimensions (New) of Dwelling or Addition: No. of Stories: ~~ ° ° First Floor Area: Second Floor Area: Third Floor Area: ~ Total Floor Area: Full Cellar Area: Dimensions of Additional Structures: Garage: Accessory Bldg. Swimming Pool: - Other. = For new buildings and additions, complete Parts E-N :. 3. SELECTED CHARACTERISTICS OF'BUILDING for Demolition, complete only Part ~., for all others skip to 4. "' "'•"""`r"" K. ACCESSORY HEAT SOURCE F. PRINCIPLE TYPE OF FRAME H. TYPE OF SEWAGE DISPOSAL - No. of tiroplaces - ° ' ^ Masonry (wall bearing) ^ Public or.private,company , . No. of Wood Stoves ^ Wood frame .._..^ Private (septic tank, etc.) - No. of Coal-Stoves _-ww ^ Structural steel "Solar Collector ~~ ^ Reinforced concrete I. TYPE OF WATER St•JPPLY Othor. _ ^ Other -Specify ^ Public or private company L SMOKE DETECTORS.: --- -^~Private (well, cistern) rs t t f D _ . _ _ _ _.T;___ _ ec o ec No. o -}r, .....,.. ,... - Type-(battery ot`AC)--• G. PRINCIPLE TYPE OF HEATING , _ ~j;SPECIAL CHARACTERISTICS _ ' Sae Plan for Locatlori~' . - ^ Gas --- .,~Z11LConditionin9 -- ---- --- ------- OOil : :~] Heat Pump •M. RESIDENTIAL BUILDINGS ONLY ^ Electricity .,,~O,Central Vacuum __Number of.Bedrooms a " ^ Coal ;.,gip",Other _Number of Bathiocm -~~ ~ ^ Other -Specify -' ; '~"~;~'"' -. a~" ~FLII~ Parti ,. y`'=» - -3. Continued ~ ' ~ `• .. Thickness R Value '., - N. ENERGY CONSERVATION,. ,Type _ .. - Foundation or Floor insulation - Wall Insulation Celling.or Root Insulation Window Glazing: Insulated Glass Double Glass Storm Weatherstripped: Yes No Doors: Insulated Yes No percentage of Window Ares to Wall Aroa: ! .~e„t..,~~m aTll less oer hour of structure: ' . (Do not fill in if 5b of window to wall area is less than 20%) ~O. STRUCTURAL CHARACTERISTICS OF BUILDING i '. if the totlowing information re t t , u ruc Applicant Is required to submit complete structural framing plans with application due to the complexity of the s is insufficient for proper plan review. Foundation Footing reinforcing: Footing size: Wall material: __- Wall thickness: Wall height Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: --- - Pier or column reinforcing: No. of crawl space vents: Crawl space: O Full O Partial _ , _ Support Spacing: FRAMING: Main Carrying members: Size: First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Ceiling Framing Joist size: Maximum Span: Maximum Spacing: . Rafter size: Roof Framing Maximum S an:• ~ _ Maicimum Spacing: ~ ~ ; !` ~ = ~~'-+ ' ' -~ . lculations for all wood trusses stamped by a Registered Profession Engineer. i Roof Truss Applicant must submit d gn ca es Floors Ceiling INTERIOR FINISH Walls - Bedrooms Living Room Family Room Dining Room Bathroom Utility Room- . Special (specify) - - '~ Attic Cellar EXTERIOR FINISH Wall Material _ - Root Material ' Root TYPe _.._- - NOTES AND DATE (For Department Use) :~: i~,.,..,._.. _.. ~.~ ~; . c, . .ti_ .. .... ..,; g _ -: is d; . ... y...I.JF..•+. • . FEE CALCUALTIONS ~EssQ ~ ~~d 1 ~ t .~ !3 ~ Isted by all appl~anls I NINC* COMPLIANCE To be comp location of all structures. lot Ian with application, showing. _ ~licant is required to submit a registered:P P Total Land Area: _ Z~ing,pistrict: Lot No. i Frontage on Street: Land Court Plan No. Plan Book No. and Page: Certificate No. Date Lot Purchased: Name of Previous Owner: iUBDIVISION INFORMATION Name of Owner: TIME SHARING Date of Plan Approval: INFORMATION royal: ANR --~ AR "-~ Is there a declaration of Type of App . Planning Board File No. Covenants and Restrictions o NO.--~ Interval Ownership noted on Is the Subdivision subject to a CovenaNOYES your Title or Deed? Is a Release required: YES NO ~- Yes - No Has Plan been tiled with the Registry of Deeds? YES Date ------ If YES: Plan Book and Page No. -~- LEFT ~-~ RIGHT DIMENSIONS REAR Distance from Property Lines: FRONT (12ft. minimum.) Distance between Principal and Secondary Dwelling: E -_ S ------ W ~- Height of structure above finish grade: N ~----- On-site ~~- , Number of oft-street parkig spaces: Enclosed ~- GROUND COVER - SF. Principal Dwelling: Total: _ ._ SF. Secondary Dwelling; - Allowable: Addition: , . ". Garage: Accessory Building: Swimming Pool: Other.• -NO licability of the Wetland Protection Act" tiled with the Nantucrcet Cosnervation Committee? YES MISCELLANEOUS _...- Was a request to Determing App lication. _ It answered YES, inclde "Order of Conditions"-with app What date was the "Order of Conditions" with application. _ What date was the "Order of Conditions" tiled with the Registry of Deedsl - Is the property located wishing a Flood Hazard district? YES _----NO NO ------ -- -- Was aVariance or Special Permit granted by the Board of Apeals? YES II answered YES, what date was the decision tiled with the Town Cierk? - - FOR BUILDING DEPARTMENT USE ONLY - Minimum Lot Size: Frontage on Street: _ _ _.Y, . _ _: Front Yard: __= Additional Comments: _ ~a ... f .~, Date: _;rt~ Ground Cover Ratio: Side and Rear Setback: _"_ APPROVED BY: ~~~ -_ _ L-L' •, .- ~__ ,p,. r~ x~ r . -~-t, . ' .ZOr~n c ~ ~ •r 5. IUtlr ~ 11-IC.A I IVrv - To be comptetea o an a ppucanu - - Name Mialing address -Number, street, city, and State Zip Code Telephone ~ (G 1. b _ Owner or Lessee a ~' - U -'_._ - T- - 2 O Builder's License General 2 Contractor 3 Date Contractor ~ Signature 4. Architect or Engineer , ertify that the proposed work is authorized by the owner of recor and that I have been authorized by the owner to make this application as his author d age a ree to conform to all applicable laws of this jurisdiction. ignature of appl n Address DO OT WRITE BELOW THIS LINE R PI ON REVIEW RECORD -For ~Iflce LJ~e Plans Review Required HISTORIC DISTRICS COMMISSION ofG L/ /~[ ~ }`/ ~.~ SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL ~~ ~' 7. VALIDATION Building Permit number Building _ . Permit issued Date of Reissuance r_ Building a~ ~t~M.b 11 O • . -- Permit Fee Date o1 Issuance of .. ~,;.,, . Certificate of Occupancy.~~ , ~ R 7 8 0 E,p~~ q. FOR DEPARTMENT USE ONLY Use Group Fire Grading Live Loading Occupancy Load Census tVo. laA9 - 1 S_'L"~' Approved y - ~_ _. _ :;~s • ~-- ~.• ~•• ing Inspector - _.~ _ ...-.::-.z...-.~.. _ . i ~I - ~ ~ ~~ . O-' 1 ~ ~ ~ ~ ~ ~ ~ W w ~ ~ W ~ T W ~ ~^~' .~ ~ ~ ~~ ~ ~+ W V ® O w 'p O ~ ~~ _~ r~7 < Z ~ ~ .'' Q ~ ~ ~ a =Z ~ `" ~ as ~~ ~ ~ ~~ o ~, Z ~ ® Q V ~ w ~-~ ® '- Q ~ 0 ~" J W ~^~ ti. o ~- ~ ~ O ~ ~ v ~ o ~ ~ ~. z W ~ O ~O ' 0o Z °' ~ N ~ = a ~ ~ U ao=gig =F-f-Z F.. U pVQ~a~o oaW°°w pa~00 ~WF.-ZU a=ao ~~~~ z OWa~ ~~z~ ~~_m WOpw =Zap F- ~ V ~ Z OOZt~- OWZ~ o~~Q ~ UOZCn azo~ c=r~~~= a 0 ~" W ~ F- D Z W ~ V Q ova=w C7 C3 ~ ~ Z Z (~ F- ~pZQ ~' Z ~ U m W W O ~ Z~~z ~ZUO OCWZ~ a~Zw ~-S Z OOZ o~ ~~ W ~ F- ~ ~' U Q W ZZ OW H~ Q wa a~ a 1=- Q os ac m W W ~ Q zo ~z° a wW ~z ~~ w~ mZ J W J W .m 3W ~~ Ua Z = Q ~ az ~O UU OW ~a O~ Z wo F' w U~ ~~ *- CJ ~w W ~ v as W ~ W ~ Z ~ ~ ~ O~ W ~a a w ~ O W WU = -o ~ w F- Z ~J ~ _= W U ;'~~~. W ~ ~.: ~ _. Q~ a OZ ~ =U HO U ~z o~~c w ~ ~v O ~~ U z0 0- a g0 Z ~z o ~ to W W a0Q a a w W ~' c/) OWOaC ~ Uga W m~ J m f- m at-Z ~ c=nz~ ~ ~aw ~ ~_~ U aWQ ~ Z~Q ~_.. ~~~ ~O ~I rl T6~7~ 90 ~' ~ ~ 9 ~ .UC' ~ L - O _ RECEIVED r. - -- ~~_~~ ~~ APPLI CATION WILL NOT BE _ _ BUILDING APPLICATION NUMBER DEEMED COMPLETE UNTIL REVIEWED BY BUILDING aPPUCATION FoR INSPECTOR I P~ BUIt.D NG PERMIT mplete ell Items In Sectlona: 1,2,3,4, and 5 co t o IMPORTANT - Applicant ~ 1 1~ ~ OWNERS NAME: ~aKAc~ trtCJ'tV C~~CDL.F C~~ ~~ ~~ ~ . ~/~ O` _u_-Y Last First Middle Initial ~ arr 77Qe~4S LOCATION ~IA ~ tZC~ C Cn SET . ~ ~L 1~1~2~ 1~1r N of , - . . BUILDING No. Street village ' Z ~ Assessor s Parcel N Assessors Map No. - o. 2. TYPE AND COST OF BUILDING -All. applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE - (For "Demolition" most recent use) ^ New Building Residential Nonresidential ^ Addition (If residential, enter number ^ One Family O Amusement, recreational of new housing units added, ^ Church, other religious if any, in Part D, 13) O Two or more family -Enter ^ tndustrfal ^ Parking garage ^ Alteration (See 2 above) number of untils ^ Service station, repair garage ^ Flair, replacement ^ Transient Hotel, Motel or ^ Hospital, institutional emolition (If multifamily residential, dormitory; or INTERVAL ^ Office, bank, professional enter number of units in OWNERSHIP -enter number of units ^ Public utility building in Part D, 13) ^ Garage ^ School, library, other educational ^ Moving (relocation) ^ Stores, mercantile ^ Foundation only ~rp°rt ^ Tanks, towers B. ~1AlNERSHIP Other -Specify MlT('~ ~r' ' ^ Other -Specify Private (individual, corporation, ' ~-~y~ ~~{ -1~* nonprofit Institution, etc.) T ^ Public (Federal, State, or local government) -. _,__: _ omit cents E. DIMENSIONS ~ ` C. COST Dimensions (New) of Dimensions of Cost of: a. Structure $ Dwelling or Addition: Additional Structures: ~~//~~ ~` b. Electrical No. of Stories: n'°' Garage: Plumbing _ c First Floor Area: Accessory Bldg. . d. Heating Second Floor Area: --Swimming Pool: e. Other .;:.. Third Floor Area: --Other:-- :.~F, ,- --- TOTAL COST OF IMPROVEMENT Q~ "O ~ Total Floor Area: -- - ...-. ; : BUILDING INSPECTOR'S ESTIMATE Full Cellar Area: - - - - :....-., _., - 3. SELECTED CHARACTERISTICS'O F BUILDING For new buildings and additions, complete Parts E-N for Demolition, complete only Part 1., for all others skip to 4. - . _. _~ F. PRINCIPLE TYPE OF FRAME ~{ _ y d H. TYPE OF SEWAGE DISPOSAL K. ACCESSORY~HEAT SOURCE y .. ^ Masonry (wall bearing) :E r` - _ _ . ^ Public or private company -- - No. of fireplaces . No: of Wood~S'toves ^ Wood frame ~„ - --^ Private (septic tank, etc.) _ No. of Coal Sto~es ` f ^ Structural steel _ _ Solar Collector ^ Reinforced concrete I. TYPE OF WATER SUPPLY Other: ^ Other -Specify ± O Public or private company ~ ' "' ~ - °° _ • ^ Private (well, cistern) L. SMOKE DETEGT_ORS •-~-- - _ No. of Dectecfora` {Y.~~.. Type (Battery or AC) G. PRINCIPLE TYPE OF HEATING -- =~=''_ ~; J. SPECIAL CHARACTERISTICS ^ Gas • -=•-~i~---y~ --- i diti l C See Plan for Location _~... on ng --^ A r on _ _ ^ Oil _..- ,,, z . 'K,;:_: -- -(3 Heat Pump _...,,~7r.,..,... M. RESIDENTITJILDINGS ONLY O Electricity -,°'~ _.. ^ Central Vacuum Number of-Bedrooms° ^ Coal ~~n_ I ; . ~QOther ~ -- ~'~~~~:~~~:: : -:Number: ot;,Bdfl~ptna~ O Other -specify -...... ,j .'.~-- ----- - #--Full-~^'-•~PRtd~~i~""-_-_ '~,: ~,,. .~'' 3. Continued • • •• ~.. . ":~ , N. ENERGY CONSERVATION, =. -Type Thickness R Value Foundation or Floor'insulation Wall Insulation Ceiling or Roof Insulation Window Glazing: Insulated Glass Double Glass Storm Doors: Insulated Yes No weatnerstnppea: res rvo Percentage of Window Area to Wall Area: ! _ Maximum BTU loss per hour~of structure: )~ •1 .;(Do not' fill in if % of window to wall area is less than 20°h) O. STRUCTURAL CHARACTERISTICS OF•BUILDING 'i •~ ` Applicant is required to submit complete structural framing plans with application due to the complexity of the structure, if the following information Is insufficient for proper plan review.' Foundation Footing size: Footing reinforcing: Wall material: Wall thickness: Wall height Wall reinforcing: Pier or column size: Pier or column spacing: Pier or column footing size: Pier or column reinforcing: No. of crawl space vents: Crawl space: O Full O Partial FRAMING: Main Carrying members: Size: Support Spacing: • First Floor Framing Joist size: Maximum Span: Maximum Spacing: Second Floor Framing Joist size: Maximum Span: Maximum Spacing: Gelling Framing Joist size: Maximum Span: Maximum Spacing: Roof Framing Rafter size: Maximum Sp~n:~ \ ~ ?-~-~ ~ Maxirqum Spacing: . • Roof Truss Applicant must sub mit design calculations for all wood trusses stamped by a Registered Profession Engineer. INTERIOR FINISH Walls Floors• Ceiling s Bedroom Living Room Family Room Dining Room Bathroom . .Utility RRoom i Speclal_~specify) -.-:~. Attic Cellar EXTERIOR FINISH ~- r, ._ , :. Wall Material ' _.._.....~ Roof Material Roof Type - - ..., , NOTES AND DATE (For Department Use) , -- FEE CALCUALTIONS __, ----- - _ L~-~ • .mow ~.M.•r. .... - .. ..... _ ~ 4' ~ ~?~ie:.~i~Cc:. ~rllu PGC6~yo~ '~ Z~ -~. 16 L o i.. ~°i'Z NG COMPLIANCE To be completed by all applicants ~ANplicant is required to submit a registered plot p lan with application, showing .location of all structures. Zoning. District:-- Total Land Area: ~ Frontage on Street: ~ Lot No. • Plan Book No. and Page: Land Court Plan No. I- _. Date Lot Purchased: Certificate No. Name of Previous Owner: . SUBDIVISION INFORMATION Name of Owner: Date of Plan Approval: Type of Approval: ANR AR Planning Board File No. Is the Subdivision subject to a Covenant: YES NO Is a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES NO If YES: Plan Book and Page No. Date TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictions of Interval Ownership .noted on your Title or Deed? Yes No DIMENSIONS Distance from Property Lines: FRONT REAR LEFT RIGHT Distance between Principal and Secondary Dwelling: (12ft. minimum.) Height of structure above finish grade: N E S W Number of off-street parkig spaces: Enclosed On-site GROUND COVER Principal Dwelling: . Secondary Dwelling: _ Addition: Garage: Accessory Building: _ Swimming Pool: - Other: Total:.- AI towable: MISCELLANEOUS Was a request to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket C~gsnervation Committee? YES NO If answered YES, incide "Order of Conditions"with application. What date was the "Order of Conditions° with application. ._. What date was the "Order of Conditions" filed with the Registry of Deeds? Is the property located withing a Flobd~Fti'IZard district? YES NO ~ Was a Variance or Special Permit ranted by the Board of A eats? YES NO ~~ ~ ~• ~- , -- g s•r._ P It answered YES, what date was the decision filed with the Town Clerk? _ .~ ~"" FOR BUILDING DEPARTMENT USE ONLY:~~~~< -= Minimum Lot Size: Frontage on Street: Front Yard: Additional Comments: ~_ _ ~.,..~ _. __-_-~-i-i~a-.ems. 1 . ; _,;-~- Date: ,. ___,.. _ .. .. ~ . _ w ... :,~, .:', SF. SF. Ground Cover Ratio: Side and Rear Setback: - rrR~_ ," ',. APPROVED BY: _ -- , r Zorting~Q(ticer 5 ~ - 5. IDENTIFICATION - To be completed b au applicants Name Mialing address -Number, street, city, and State Zip Code Telephone t 1. Owner or ~~r O Lessee B . O S OZ 2. General Q {~c OIL Builder's License Contractor ~~~o S~ ~a Contractor Date Signature ~a a6• 4. Architect or ` Engineer ~ T I h ify that the pr sed ork is authorized by the ownerof record and that 1 have been authorized by the owner to make this application as s authorize agent a we agree o conform to all applicable laws of this jurisdiction. ignature of appli ant Address - ~ ~~'~ izD .~ S1 ~SCpr45~ ~ I`~A ~ZS~' ~~ D NOT RITE BELOW THIS LINE 6. PLAN REVIEW RECORD -For Otnce use ~ Plans Review Required HISTORIC DISTRICS COMMISSION ~ Z t ~ , ~ -~, c1 v SEPTIC SEWER WATER WELL COMPLETION REPORT - CONSERVATION COMMISSION BOARD OF APPEALS SECONDARY DWELLING APPROVAL (Planning Board) FIRE CHIEF OVER-THE-ROAD (Board of Selectmen) RELEASE FORM (Planning Board) _ ROAD OPENING PERMIT (DPW) PLUMBING ELECTRICAL ~ •- • - ....,. _ ~' 7. VALIDATION Building • • ~` ~ / ~ no - Pennit number !K~ i x - Building._.. Permit Issued _ /t'~VO/7~/.~~D, ~~~Q ---.__ .._ Date of -•: ~ _ ._ ._ Reissuarice --- -----: Building r -'"-' Permit Fee Z ~ 11~ ~ ~n ~n l [ ~ ~ g Z .. ~'_- - FOR DEPARTMENT USE ONLY Use Group Fire Grading Live Loading Occupancy Load Census No. G 9 9 ,y. ~ x ~ i ~ r ~~~~~ Oate of Issuance of aj CertiffcaCe of'Occupancy ~" - .rN4AMFi.-.r- _ .. ~ -p -'1 -- Building ;Inspector - r; _~t J ~~j4• f t; . 4±~ S: ''~.r" . >. ~ ~: F. f` ~r vl. 4` ~'T. ~,s: ~. _ `~ F.' '+:• - 1-i ~: ~; ~. M' ~.• ,~ Y ,_ f~, .~. ~' ~ -_ t~ r,. F ,. y ~'~ ~ `~~ tity~Y~ " g~~ l -='a' a- T ~. r ' !s ..~' ~. ~. ,f -~ i i '~ _, 4. /" ~:• n ' ` ~' { ~~ ~ , . .., } r a' ~ . ~ . ~ "i` :~ ~~ x., _ - ~I' - - --~ y ~....'- "$c °~`rs",,. "7.`~',~71. to 6 s+s-. - .~.,.-..- g Form 1-89 NANTIICKET ZONING BOARD OF APPEALS TO ANTDCKE~7TY BIIILDING• , D-- ate ~ HA 02554 APPLICATION FOR RELIEF CASE No._ _~ • Owner's name(s); Sankaty Head Golf and Beach Club, Inc. Mailing address: 100 Sankaty Avenue, p,0, Box 293, Siasconset, Applicant's name: P1A 02564 same Mailing address: Location of lot: Assessor's map and parcel number • Street 23 _ 9 address: 18 Hoicks Hollow ~- Road, Siasconset, MA Registry Land Ct Plan,• Date lot ac ~ 10070-A • gaited: ~~73 Deed Ref --~ Lot A Uses on lot -~-_ Zoning district LUG 3 commercial: ~• -number of: non-profs[ dwellings_ du .MCD? xo Building date(s); all plex_ apartments_ .rental rooms Pre-8/72? ~ or Building Permit appl~•n, Nos. ~~ ~ C of O?_ Case Nos, all BoA a pplications, lawsuits: Nos. 045-90; 066-97 State fully all zonin and subsections, specificallf sought and respective•Code sections and what grounds ou ur e y what you propOSe compared to 139-32A if Variance,g13g~3oAoA to make each findin present _ iP to alter or••ext•end 'a if a Special permit per Section & B _ , attach decision ornoncon~ornin .(d11d 139-33A rder g use) If appeal per 139-3~A The Applicant seeks a modification of SaPPealed. OK to attach addendum Section 139-33A of the B Pecial Perms[ No. 045-90 pursuant to y-law to remove and/or demolish a cabana a[ [he Sankaty Beach Club; to relocate an existing shed at the Sankaty Tennis Court, construct a new ancillary building at the Sankaty Tennis Courts:~• See Addendum "A"~, ., and to Items enclosed as Locus map_ Sitepart of this Application: orderl• Floor plans presentlan showing present x addendum2 x Listings lot area Proposed= +planne x "structures Assessor-certified addressees elevations x (HDC;a~proved? yep 200 fee g ~-tsetbacks GCR x parkin payabl.e...to.._Town of Nantucket xts- ma • lln g2dsets z (IP an appeal as g label _ k Town Clerk to send-glaroof~T ~cap~ C~Venant -- I certify that the re •~'•' •• ~ g Comr s record to BOAT complete and true, quested information submitted is substantially penalties of to the bestvof my knowledge, under the ains and SANICATY HEADPGOLFU BEA • ~' SIGNATURE: C INC. -' ~~'~ ~y its Attorney AA~c¢~t; (IP not owner or owner's -- Attorney/a~g g attorney, enclose proof of authority) - ~-`~ FOR BoA OFFICE USE Application copies reed: 4= -or ~ -~- _ J .. ...il].:..... ._ for BoA on~~~_ by - ' ' One copy filed with Town Clerk on_/~_ b .~ • ~•, ---_- One copy each•to Plannin Bd y---=--- complete?_ • g and Buildin~c~,De~t_~ b $200 fee check given Town Treasurer on_J b ~~~" ~~'- Hearing notice posted ~'- y-- waived? l _/_/_ ma i l e d_/~_ I S M Hearing(s) on_/~_ cont'd to ~ ~~--~ -/~- Decision due ~`J--' --/--~.-. withdrawn?~~_ by--/_/_ made_/~_ filed TC See related cases -J-J._ mailed`/~_ ., lawsuits other Addendum Building Dates Most of the buildings on the premises pre-date zoning in 1972. The following construction, alterations and repairs occurred after 1972: 1. Construction of an office, workshop and storage Building Permit No. 2095-81 2,800 S.F. Dated 11/4/81 Certificate of Occupancy January 12, 1984 2. Construction of girls dormitory: Fleming Hall Building Permit No. 2905-84 1,568 S.F. Dated 7/26/83 Certificate of Occupancy #2905-84 issued 1/12/84 3. Addition to Chef s cottage Building Permit No. 4546-86 288 S.F. Dated 1/13/86 Signed-Off Card in file dated 4/30/89 4. Repair of freezer azea in kitchen Building Permit No. 6626-89 Dated 2/9/89 Signed-Off Card in File dated 6/13/89 5. Kitchen Alteration Building Permit No. 6797-89 NO CHANGE Dated 5/3/89 6. Library construction (Sankaty Head Foundation) Building Permit No. 7090-89 500 S.F. 7. Demolition 6 sheds 7184-89 -1,704 S.F. 8. Construction of Men's Dormitory Building Permit No. 7238-90 3,008 S.F. Certificate of Occupancy issued October 11, 1990 9. Construction of Cart and Bag Storage Building Building Permit No. 7239-90 2,992 S.F. Certificate of Occupancy issued October 11, 1990 10. Construct addition to Greenskeeper Dormitory Building Permit No. 7240-90 Certificate of Occupancy issued October 11, 1990 11. Construction of Tractor and Mower Storage Building Building Permit No. 7241-90 1,800 S.F. Certificate of Occupancy issued October 11, 1990 12. Pro Shop Renovation Building Permit No. 7346-90 jah/SANKATY/bldates 10.6 BoA Form ~'~ 2-89 • NANTUCKET ZONING SOA_RD OF APPEAT.,S StP Z 5 I~ '~' TOPJN-AND COUNTY BUILDING ` NANTUCKET, Mk 02554 ------_~~-- !_= ASSESSORS T,IST OF PA~tTIES IN INTEREST ~~~~ ~--~ 4 PROPERTX OWNER : Sankaty Head Golf Club, Inc APPLICANT FOR RELIEF (SAME? No) Donald & Rina McC~l~c-h ADDRESS OF PROPERTX : 17 & 18 Hoicks .Hollow Road ASSESSORS MAP ~ PARCEL: Map 23, Parcels 11 and 9 - LIST OF PARTIES INCLUDING AT~DRESSES* (OR SEE AT_AC'riED ) I certify that the iorego~.ng for the attached } lists all persons natural ox' legal, who. are owners of abutting property owners of 1.ond directly opposite on a*iy publ? c or private street or way; and abutters of the abutters and all other land owners w~.thin three hundred feet of the property line of Owner's property, as they ( ar_d their address) appear on the most recent applicable tax list {per M.G_L. c. 40A, Section 1~ Zoning Code Chapter 139, Section 139-29D {2)}_ _-1 s ~ ~ -. Date Assessors Off ice Town of Nantucket {NOTE: Applicant (petitioner} should include with the l.ot foz which zoning relief is sought, any com,-nonly-owned abutting lots which :night becomE involved in the zo:~inc . r.attex. List r..ap and parce3.s far each abLtter. Sarah F. Alger, P. C. 228-1118 r TOWN OF NANTUCKET 10j05/98 OWNER'S MAILING ADDRESS LIST 09:37:30 ck Bl Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location o Map 0023 0005 GREENHILL ROBERT F & MARY GAYL 0433 RIVERSILL RD 0008 HOICKS HOLLOW RD GREENWICH CT 06830 in~`~ ~~~ O~$ 165 SARGENT RD 0037 SANKATY HEAD RD 0023 0010 SHAW NANCY & COOK ELIZABETH BROOKLINE MA 02445 ~S G BURTT & RUTH W 8231 BAY COLONY DR APT 804 0013 HOICKS HOLLOW RD p0[~$ 00013 HOLM NAPLES FL 33963-7792 0048 00014 i MCCOUCH DONALD & RINA P 67 WEST HILLS 0004 BLACK WALNUT LN NEW CANAAN CT C6840 00012 HOLMES G BURTT & RUTH W 8231 BAY COLONY DR #804 0009 HOICKS HOLLOW RD 0048 NAPLES FL 33963 1 0002 SHAW NANCY & COOK ELIZABETH 165 SARGENT RD 0037 SANKATY HEAD RD 00 ,8 BROOKLINE MA 02445 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 6 ti`dD - ' NANTUCKET ZONING BOATiD OF APPEALS SFP 2 5 ~,-'~`~' TOWN•AND COUNTY BUILDING ' NANTUCKET, Mk 42554 ASSESSORS T,IST OF PALtTTES IN INTEREST b PROPERTX OWNER: Robert F. Greenhill and Mary G. Greenhill APPLICANT FOR RELIEF (SAME? No } Donald & Rina McCouch ADDRESS OF PROPERIX: Sesachacha ASSESSORS MAP ~ PlYRCEL: Map 23, Parcel ,~ S ~~YIC)+.a(.eS ,p~c) S (Sz j ~- ~ g) i LXST OF PARTIES INCLUDING ADDgESSES* (OR SEE AT^_ACiiED~~s Z certify that the iorego~.ng (or the attached } lists all persons natural or legal, who are owners of abutting property owners oz fond 3irectly opposite cn any public or private street or way; and abutters of the abutters and all other land owners within three hundred feet of the property line of Owner's property, as they { aTd their address} appear on the most recent applicable tax list {per M.G_L. c. 40A, Section ].? Zoning Code Chapter 139, Section 139-29D (2}}. _an S i Date Assessors Office Town of Nantucket {NOTE: Applicant (petitioner) should include with the lot r fox' which zoning relief is sought, any com,-nonly-owned abutting .lots which might become involved in the zoninc natter. List r.,ap and parce~.s fo_ each abutter. Sarah F. Alger 228-1118 TOWN OF NANTUCKET 10/05/98 OWNER'S MAILING ADDRESS LIST 08.51.26 ck Bl Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location o Map 0023 0005 GREENHILL ROBERT F & MARY GAYL 0433 RIVERSILL RD 0008 HOICKS HOLLOW RD GREENWICH CT 06830 0023 0009 SANKATY HEAD GOLF CLUB INC PO BOX 293 0018 HOICKS HOLLOW RD SIASCONSET MA 02564 inf,~J:lt1 ~p,ru.Q. QD1~ 165 SARGENT RD 0037 SANKATY HEAD RD 0023 0010 SHAW NANCY & COOK ELIZABETH BROOKLIN"c MA 02445 0047 0002 MASSACHUSETTS AUDUBON SOCIETY S GREAT RD 0000 POLPIS RD C/0 BERTRAND G'cRARD A LINCOLN MA 01773 00012 HOLMES G BURTT & RUTH W 8231 BAY CCLONY DR #804 0009 HOICKS HOLLOW RD 0048 NAPLES FL 33963 00013 HCLMES G BURTT & RUTH W 8231 BAY COLONY DR APT 804 0013 HOICKS HOLLOW RD p04$ NAPLES FL 33963-7792 0048 00011 BRASFIELD KENNETH L & DEANE M PO BOX 16 0005 HOICKS HOLLOW RD SIASCONSET MA 02564 0048 0001 WELCH JOHN F JR ETAL TRUSTEES 1067 SASCO HILL RD 0003 HOICKS HOLLOW RD JFW NOMINEE REALTY TRUST FAIRFIELD CT 06430 0048 00019 MATTESON MARILEE B PO BOX 172 0001 BLACK WALNUT LN SIASCONSET MA 02564 0048 00018 MCCLINTOCK STELLA M 120 WOODCREST DR 0003 BLACK WALNUT LN NORTH ANDOVER MA 01845 PAGE 1 MUAS750 8.5 NUMBER OF RECORDS = 10 10/05/98 TOWN OF NANTUCKET 09:31:37 OWNER'S MAILING ADDRESS LIST Map Block Lot Owner's/Co-Owner's Name Mailing Address/City State Zip Property Location 0023 0001 GREENHILL ROBERT f & MARY GAYL 0433 RIVERSVILLE RD 0016 HOICKS HOLLOW RD `1~L~~QS PpiuQ.. Q~OZ GREENWICH CT Ob830 0014 HOICKS HOLLOW RD 0023 f 0003 *MASSACHUSETTS AUDUBON SOCIETY 0005 GREAT RD LINCOLN MA 01773 0023 0004 MASSACHUSETTS AUDUBON SOCIETY S GREAT RC 0010 HOICKS HOLLC4: 3~ C/0 BERTRAND GERARD A LINCOLN MA 01773 PAGE i MUAS750 8.5 NUMBER OF RECORDS = 3 Zoning Board of Appeals South Beach Street Nantucket, Massachusetts 02554 A Public Hearing of the tONING BOARD OF APPEALS will be held at 1:00 P.M, _,199_, in the Conference Room, Town Annex, 37 Washington, Street, Nantucket, Massachusetts on the Application of: Donald and Rina McCouch 61 West Hilts Road New Canaan, CT 06840 who own property at 4 Black Walnut Lane Siasconset, MA Board of Appeals File No. -98 The McCouches, as persons aggrieved, are appealing from the refusal of the Nantucket Building Commissioner, John H. Dunn, to enforce NantuckeYs Zoning Bylaws against the Sankaty Head Golf and Beach Club, Inch which is sometimes referred to as Sankaty Head Golf Club, Inc. of100 Sankaty Avenue, P.O. Box 293, Siasconset, MA 02564. The zoning violations include but are not limited to those that resulted from construction that expanded the Beach Club following the issuance of Building Permit No.9595-92, [the "1992 PermiY7. The zoning violations from which the McCouches seek relief are as follows: [1l the construction done after issuance of the 1992 Permit which impermissibly reconstructed and expanded the tennis court area by close to 5000 square feet and installed new fencing to surround and divide four tennis courts, part of which is reconstruction as well as new construction and expansion within the side yard and front yard setback areas, [2l the construction done after issuance of the 1992 Permit which impermissibly moved a shed [the "Shed'? to a different location on the Tennis Lot, [3l ~ the additlonal ground cover resulting from work done after issuance of building permits in 1990 and the 1992 Permit which exceeds the permissible ground cover ratio for the Beach Club, [4l the failure to treat the Beach Ciub as an MCD since in or before 1988, resulting in building permits being issued without the proper authority, and [5l the increased intensity of use of the Beach Club area to an extent wholly inconsistent with the use permitted in the LUG-3 zone in which it is located. The specific relief the McCouches seek includes: [1l the removal of the Shed that is on the Tennis Lot, [2l the confinement and reduction of the footprint of the tennis courts to that of the tennis courts as originally constructed in or prior to 1916, [3l a ban on all future construction, alteration, and/or reconstruction of structures on the Beach Club property, and removal of structures not protected by permit, variance or passage of time, until the ground cover ratio achieves that permitted as of right, and [4l removal of the parking area from and a restriction on parking on the Tennis lot The premises are located at 11 and 18 Hoicks Hollow Road, Siasconset, MA, Assessor's Map 23, Parcels 8, 9 and 11, and are Lot 1 on Land Court Plan 9314-E and more particularly described in Document No. 30904 and noted in Certificate of Title No.6994; Lot A on land Court Plan 10070-A and more particularly described in Certificate of Title No.6994; Lot 6 on Land Court Plan 9314-6 and more particularly described in Certificate of Title No.1431. The property iszoned LU6-3. Dale W. Waine, Chairman APPEAL SEE ATTACHED COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT DONALD McCOUCH and RINA P. McCOUCH, Plaintiffs, v. DALE W. WAIVE, LINDA F. WILLIAMS, MICHAEL O'MARA, WILLIAM P. HOURIHAN, JR., and NANCY J. SEVRENS, as they are Members of the Nantucket Zoning Board of Appeals, and SANKATY HEAD GOLF AND BEACH CLUB, INC., Defendants. CIVIL ACTION NO. 253944 NOTICE TO TOWN CLERK Donald McCouch and Rina P. McCouch hereby give notice to the Nantucket Town Clerk that the original of the attached Complaint was filed on Friday, January 19, 1999 in the Land Court Department of the Trial Court. RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 DONALD McCOU By their FEB 01 1999 January 2~3; CLERK: ~ ~ ~ `~ ~Pm RINA P. McCOUCH, Edward Woll, Jr., BBO#532900 SULLIVAN & WORCESTER LLP One Post Office Square Boston, MA 02109 (617) 338-2800 E:~EDV/~MCOUCH 1 ~NOTICE.CLK:1 /29/99 I_~~`!~ CC?U~T COMMOII~V~?~LTH OF MASSACHUSETTS NANTUCKET, ss. S ~ .~ n-. ~' ~' n p~ I~ 4 2 LAND COURT DEPARTMENT OF THE TRIAL COURT DONALD McCOUCH and RINA P. ) McCOUCH, ) Plaintiffs, ) v. ) DALE W. WAINE, LINDA F. WILLIAMS, ) MICHAEL O'MARA, WILLIAM P. ) HOURIHAN, JR., and NANCY J. SEVRENS, ) as they are Members of the Nantucket ) Zoning Board of Appeals, ) and ) SANKATY HEAD GOLF AND BEACH ) CLUB, INC., ) Defendants. ) COMPLAINT CIVIL ACTION NO. 2 539 ~ ~ Z~AC The plaintiffs, Donald and Rina McCouch (the "McCouches"), by their attorneys, for their Complaint against the individual defendants, as they are Members of the Nantucket Zoning Board of Appeals (the "Nantucket ZBA"), and against Sankaty Head Golf and Beach Club, Inc., respectfully represent as follows: INTRODUCTION 1. This is an appeal pursuant to Mass. G.L. c. 40A, § 17 and G.L. c. 185, § 1(p) from a decision of the Nantucket ZBA in the matter of Zoning Board of Appeals File No. 119-98, COMMONWEALTH OF MASSACHUSETTS NANTUCKET, ss. LAND COURT DEPARTMENT OF THE TRIAL COURT DONALD McCOUCH and RINA P. McCOUCH, Plaintiffs, v. DALE W. WAIVE, LINDA F. WILLIAMS, MICHAEL O'MARA, WILLIAM P. HOURIHAN, JR., and NANCY J. SEVRENS, as they are Members of the Nantucket Zoning Board of Appeals, and SANKATY HEAD GOLF AND BEACH CLUB, INC., Defendants. COMPLAINT CIVIL ACTION NO. The plaintiffs, Donald and Rina McCouch (the "McCouches"), by their attorneys, for their Complaint against the individual defendants, as they are Members of the Nantucket Zoning Board of Appeals (the "Nantucket ZBA"), and against Sankaty Head Golf and Beach Club, Inc., respectfully represent as follows: INTRODUCTION 1. This is an appeal pursuant to Mass. G.L. c. 40A, § 17 and G.L. c. 185, § 1(p) from a decision of the Nantucket ZBA in the matter of Zoning Board of Appeals File No. 119-98, -2- Donald and Rina McCouch, Appeal and Application for Relief, Sankaty Head Golf Club, Inc., 17 and 18 Hoicks Hollow Road, Siasconset, Massachusetts, denying an application for zoning relief by the McCouches (Count I). The McCouches also request declaratory judgment as to zoning violations of the Sankaty Head Golf and Beach Club, Inc. (Count II). Finally, the McCouches request a declaratory judgment that the Nantucket Building Inspector's denial of the McCouches' request for enforcement of the Nantucket Zoning Bylaws is invalid. THE PARTIES 2. Defendant Dale W. Waine resides at 11 Bishop Rise, Nantucket, Nantucket County, Massachusetts and is a member of the Zoning Board of Appeals of Nantucket. 3. Defendant Linda F. Williams resides at South Pasture Lane, Nantucket, Nantucket County, Massachusetts and is a member of the Zoning Board of Appeals of Nantucket. 4. Defendant Michael O'Mara resides at 240 Polpis Road, Nantucket, Nantucket County, Massachusetts. 5. Defendant William P. Hourihan, Jr. resides at 26 Hawthorne Lane, Nantucket, Nantucket County, Massachusetts, and is a member of the Zoning Board of Appeals of Nantucket. 6. Defendant Nancy J. Sevrens resides at 24 Vesper Lane, Nantucket, Nantucket County, Massachusetts, and is a member of the Zoning Board of Appeals of Nantucket. 7. Defendant Sankaty Head Golf and Beach Club, Inc., sometimes referred to as Sankaty Head Golf Club, Inc., (the "Beach Club") is a Massachusetts corporation with a usual place of business and property at Hoicks Hollow Road, Siasconset, Nantucket County, Massachusetts. The McCouches are informed and believe and therefore aver that the membership of the Beach Club comprises about five hundred and fifty families. -3- THE PROPERTIES 8. The McCouches own property at 4 Black Walnut Lane, Siasconset, Nantucket County, Massachusetts shown as Lot 11 on Land Court Plan 9314-H (the "McCouch Parcel") 9. The McCouches purchased the McCouch Parcel on about October 31, 1995 and constructed a house thereon within the building envelope designated. 10. The Beach Club property in 1972 consisted of only Parcel 9 on Assessors Map 23 at Hoicks Hollow Road, shown as Lot A on Land Court Plan 10070-A, on which were a swimming pool and beach club facilities (the "Pool Lot") 11. The Beach Club also has an easement on a portion of Parcel 8 on Assessors Map 23, shown as Lot 1 on Land Court Plan 9314-E (the "Easement Area"). The Easement Area contains Beach Club buildings and facilities. 12. On about July 14, 1975, the Beach Club acquired Parcel 11 on Assessors Map 23, shown as Lot 6 on Land Court Plan 9314-G (referred to hereafter as the "Tennis Lot"). The Beach Club has always been and is now in an LUG-III zone. 13. The Tennis Lot fronts on Hoicks Hollow Road. 14. The Beach Club property today consists of the Pool Lot, the Tennis Lot and the Easement Area. 15. The McCouch Parcel abuts the Beach Club property along the Southern boundary of the Tennis Lot. 16. The Tennis Lot includes (a) four tennis courts that were enlarged in or after 1993, (b) a viewing stadium that was built in or after 1993, (c) a parking lot next to the tennis courts constructed in or after 1993, (d) a renovated building on the elevated portion of the Tennis Lot nearest to the McCouches and in their direct view and hearing that is used for selling tennis -4- equipment, as an office/clubhouse and as a social gathering place with snacks and refreshments, and (e) substantial areas of decking installed in or after 1993 that surround the building and that attracts and concentrates said activity in plain site and hearing of the McCouches. 17. The construction and installation of these facilities on the Tennis Lot was in viola- tion of the Nantucket Zoning Bylaw (the "Zoning Bylaw") as more fully set forth below. 18. The construction and installation of these facilities on the Tennis Lot is the continua- tion of an expansion and intensification ofthe use of the Tennis Lot and the Pool Lot to a degree incompatible with the purposes of an LUG-III zone and in violation of the Zoning Bylaw, also as more fully set forth below. The Beach Club's latest plans submitted to the Nantucket ZBA in 1998 show a fifth tennis court on the Tennis Lot as well as a second and larger building and expanded deck on the elevated portion of the Tennis Lot directly adjacent to and within the direct view and hearing of the McCouches. COUNTI (Appeal Pursuant to Mass. G.L. c. 40A, § 17) 19. The McCouches repeat the allegations contained in the foregoing paragraphs 1 through and including 18 as though set forth in full. 20. By letter dated September 23, 1998, a copy of which is attached as Exhibit A, the McCouches requested Nantucket's Building Commissioner, John H. Dunn ("Dunn"), to enforce the Zoning Bylaw against the beach and tennis properties of the Beach Club. 21. On delivery of the enforcement request to Dunn, Sarah Alger, Esquire spoke with Dunn. Her conversation with Dunn is set out in a memorandum by her dated September 25, 1998, a copy of which is attached as Exhibit B. -5- 22. Dunn rejected the McCouches' request by letter dated October 2, 1998, a copy of which is attached as Exhibit C. Dunn's rejection did not address the assertions of zoning viola- tions in the McCouches' request for enforcement. 23. The McCouches's counsel responded by letter dated October 6, 1998 that it was not appropriate for Dunn to have determined the matter, a copy of which letter is attached as Exhibit D. 24. The Nantucket Building Inspector's denial of the McCouches request for relief was the result of bias and prejudice against the McCouches, was made in bad faith and was made arbitrarily and capriciously without due consideration or deliberation. 25. Pursuant to Nantucket Zoning Bylaw §§ 139-25 and 139-31 and Mass. Gen. L. c. 40A, §§ 7, 8 and 15, the McCouches, as persons aggrieved, timely appealed Dunn's denial by filing on October 26, 1998 an application for relief to the Nantucket ZBA. A copy of the appli- cation to the Nantucket ZBA, without addenda or exhibits, is attached as Exhibit E. 26. The Nantucket ZBA was informed of the content of the conversation between Alger and Dunn by delivery to it of a copy of the Alger memorandum. 27. On January 15, 1999, the Nantucket ZBA issued a decision upholding the denial of relief by the Nantucket Building Inspector and denying relief to the McCouches. A certified copy of the Nantucket ZBA's decision is attached as Exhibit F. 28. The Nantucket ZBA failed to address the specific violations asserted by the McCouches and rubber stamped Dunn's denial for relief. 29. The Nantucket ZBA's denial of the McCouches' application was arbitrary and capricious, erroneous as a matter of law, and purposefully oblivious of the facts presented to it. 30. The Nantucket ZBA exceeded and abused its authority. -6- 31. The McCouches are aggrieved by the denial of their application for relief to the Nantucket ZBA. Tennis Court Zoning Violations 32. Tennis was not an activity on Beach Club property in 1972 when a Zoning Bylaw was originally adopted in Nantucket. Non-residential tennis courts have never been permitted as of right in an LUG-III zone except if grandfathered as a nonconforming use. 33. The Zoning Bylaw in effect in 1975 did not allow tennis courts in an LUG-III zoning district by special permit or otherwise except if grandfathered as a nonconforming use or unless the tennis court was attached to a residence. In 1975, the Beach Club applied for and the Nantucket ZBA issued a use variance to construct tennis courts on the Tennis Lot (the "1975 Use Variance"). 34. It was not possible for the Zoning Board to make the statutorily required findings in 1975 to grant a variance for the construction of tennis courts on the Tennis Lot, and the Zoning Board in 1975 did not make the statutorily required findings. The 1975 Use Variance for tennis courts was illegally issued. 35. Since the Zoning Bylaw was first adopted in 1972, the LUG-III zone has had a front yard setback requirement of thirty-five (35) feet and a side yard setback of twenty (20) feet. 36. After issuance of the use variance, the Beach Club built tennis courts on the Tennis Lot. The tennis courts on the Tennis Lot were originally built partially within the 35 foot front yard setback and partially within the 20 foot side yard setback. The tennis courts' northern perimeter of about 200 feet extended from about 18 feet to about 21 feet from the front yard lot line of the Tennis Lot within the 35 foot front yard setback along Hoicks Hollow Road. The -7- tennis courts' western perimeter extended from about two (2) feet to about three (3) feet from the side yard lot line of the Tennis Lot within the 20 foot side yard setback. 37. An amendment in 1990 of Zoning Bylaw Section 139-2 included "game court" with- in the definition of "STRUCTURE." After the amendment in 1990 of Zoning Bylaw Section 139-2, a game court was subject to the dimensional setback requirements of an LUG-III zone. The tennis courts on the Tennis Lot were in 1991 game courts as used in the definition of "STRUCTURE" in Section 139-2 of the Zoning Bylaw. After the amendment in 1990 of Zoning Bylaw Section 139-2, the tennis courts on the Tennis Lot became a dimensionally nonconform- ing structure. After the amendment in 1990 of Zoning Bylaw Section 139-2, the tennis courts on the Tennis Lot became a nonconforming use. 38. The Beach Club applied for a building permit in 1992 for "tennis court extension & resurfacing extend existing fence" and to "relocate existing structure." Building Permit No. 9595-92 dated December 24, 1992 was to "extend & resurface 4 existing tennis courts, relocate shed." (the "1992 Permit"). The Club left blank, i.e. not filled in, section 4 on Zoning Compli- ance of the application for the 1992 Permit blank. 39. Fencing was to be installed to divide each court from the other. The fencing installed after issuance of the 1992 Permit to divide the tennis courts constitutes a structure as defined in the Zoning Bylaw. 40. Section 139-33(A)(5) of the Zoning Bylaw states that a nonconforming structure in violation of front, rear or side line setback requirements, may not be expanded so as to increase the nonconformity or be substantially more detrimental to the neighborhood. The Beach Club never applied for a special permit for the alteration, expansion or reconstruction of the tennis courts. -8- 41. After issuance of the 1992 Permit, the tennis courts were expanded by about forty (40) feet in length and almost 5,000 square feet in area. The expansion of the tennis courts after issuance of the 1992 Permit was partially within the front yard setback of the Tennis Lot. The expansion of the tennis courts after issuance of the 1992 Permit increased the existing dimen- sional nonconformity of the tennis courts. The renovation and reconstruction of the tennis courts after issuance of the 1992 Permit was partially within the side yard and front yard setbacks. The renovation and reconstruction of the tennis courts after issuance of the 1992 Permit increased the existing dimensional nonconformity of the tennis courts. 42. The Beach Club never applied for a modification of the 1975 Use Variance to expand the tennis courts. Use variances were illegal in 1992. The 1992 Permit did not by itself provide the Beach Club with the proper authority to expand a use, i.e. for tennis courts, that has never been permitted as of right in an LUG-3 zone. 43. The Nantucket building inspector was without authority in 1992 to permit the altera- tion, expansion or reconstruction of the tennis courts. 44. The 1992 Building Permit to expand the tennis courts was not authorized and was illegally issued. The Zoning Violations of the Tennis Building or Shed 45. After acquiring the use variance in 1975 for the tennis courts, the Beach Club added a shed to the Tennis Lot (the "Shed"). The Beach Club referred to the Shed as a "pro shop." 46. In 1975 the Zoning Bylaw did not permit as of right any use consistent with the description "pro shop" in an LUG-III zone. No use variance was ever requested to build the pro shop. -9- 47. In 1978, the Shed was relocated closer to the tennis courts. There was no variance or special permit sought or obtained for the Shed's relocation in 1978. 48. The use of the Shed as a "pro shop" was abandoned after January 12, 1990 and converted to a "1 story wood frame tennis court service building." In 1990, the Zoning Bylaw did not permit as of right any use consistent with the description "1 story wood frame tennis court service building" in an LUG-III zone. There was no variance or special permit sought or obtained for the Shed's conversion to a "1 story wood frame tennis court service building." 49. The Beach Club `s application for the 1992 Permit sought to "relocate existing structure." The "existing structure" referred to in the 1992 Permit application was the Shed. The Shed was relocated again after 1992. There was no variance or special permit sought or obtained for the Shed's relocation in 1992 or thereafter or to change or expand its use. 50. The Shed was most recently moved to the top of the rise on the Tennis Lot close to and in the direct view of the McCouch Parcel. The Zoning Bylaw does not permit as of right any use consistent with the current use of the Shed within anLUG-III zone. There was no variance or special permit sought or obtained for the Shed's recent relocation to the top of the rise on the Tennis Lot. The Zoning Violation by the Viewing Stadium 51. The Beach Club constructed a viewing stadium centered at the southern end of the second tennis court on the Tennis Lot after issuance of the 1992 Permit. A viewing stadium is a "STRUCTURE" as defined in section 139-2 of the Zoning Bylaw. A viewing stadium also constitutes ground cover under the Zoning Bylaw. -10- 52. The application for and plan submitted with the 1992 Permit on December 15, 1992 did not disclose the construction of or depict a viewing stadium. No building permit was issued for the construction of a viewing stadium on the Tennis Lot. 53. The viewing stadium covers an area of over 2,500 square feet, includes about nine (9) rows of seating or three hundred (300) linear feet of seating capacity, and has the capacity to seat over one hundred (100) people. There is no Zoning Bylaw provision that permits the construction of the viewing stadium in an LUG-III zone. 54. The viewing stadium is an illegal structure. 55. The viewing stadium constitutes non-permitted ground cover in excess of 2,500 square feet. The Beach Club's installation of the viewing stadium has violated the ground cover limits of the Zoning Bylaw. Ground Cover Violations 56. At the time of the initial adoption of the Zoning Bylaw in 1992, the Pool Lot was no more than 136,490 square feet in area. 57. At the time of the initial adoption of the Zoning Bylaw, the allowable ground cover for the Beach Club property was no greater than one (1%) percent of the square footage of the Pool Lot. 58. In 1993, as a result of an amendment of the Zoning Bylaw, the allowable ground cover for the Beach Club was no greater than three (3%) percent of the square footage of the Pool Lot. 59. The allowable ground cover for the Beach Club property is today no greater than three (3%) percent of the square footage of the Pool Lot and the Tennis Lot. -11- 60. The area of the Pool Lot has been reduced since 1972 by the erosion of the coastal bank and coastal beach to no more than 116,527 square feet. 61. The area of the Tennis Lot is no more than 87,121 square feet. 62. In about 1971, there were twelve (12) buildings on the Pool Lot and Easement Area totaling about 11,542 square feet in ground cover and a pool which constituted ground cover. Of the buildings, five (5), known as E, F, G, H and I, had a square footage of 2,548 and were in the easement area. Seven (7) buildings, known as A, B, C, D, J, K and L, had an area of about 9,000 square feet more or less and were on the Pool Lot. 63. In about 1990, the ground cover on the Pool Lot included several buildings whose square footage totaled 7,180 square feet more or less, according to filings made by the Beach Club. 64. The grandfathered square footage of ground cover was reduced in about 1990 and 1991 by at least 2,760 square feet because of the demolition of two (2) buildings on the Pool Lot known as L and K. 65. The grandfathered square footage of ground cover was reduced in 1990 and 1991 by about 648 square feet by the movement of part of a building known as C off the Pool Lot onto the Easement Area. 66. The grandfathered square footage of ground cover was reduced by the loss of the footprint of over 5,027 square feet of buildings known as A, D, G and H due to erosion of the coastal bank and coastal beach. 67. The grandfathered square footage of ground cover was reduced by an additional 3,950 square feet more or less by the movement of buildings A and B to other locations on the Pool Lot. -12- 68. The Beach Club increased the ground cover on the Pool Lot and the Tennis Lot by the addition of the Shed the addition of a covered porch to the restaurant, Building A, the movement of part of Building E onto the Pool Lot, and the construction of the viewing stadium. 69. Today the grandfathered square footage ground cover is less than the allowable square footage of ground cover. 70. Today the actual ground cover exceeds the allowable square footage of ground cover. The Beach Club as a Major Commercial Development 71. The materials submitted by the Beach Club for the 1992 Permit show on their face that the Beach Club exceeds the thresholds of the Major Commercial Development ("MCD") Bylaw. 72. The thresholds of an MCD that have been exceeded include (a) expanded outdoor area dedicated to commercial recreational use by more than 6,000 square feet after 1992, (b) increase in off street parking requirements to in excess of twenty (20), (c) an expansion of the restaurant facilities since April 4, 1979, (d) the relocation, extension or allocation of more than 4,000 square feet of commercial floor area since 1979. 73. The 1992 Permit was issued without proper authority because the Planning Board was the sole body with authority to grant special permits to MCDs. 74. The aggregate accretion of uses over twenty-six (26) years since 1972 has so multi- plied the intensity of use of the property and has worked such a substantial change of the prop- erty that it currently violates the restrictions of an LUG-III zone. -13- COUNT II (Request for Declaratory Relief) 75. The McCouches repeat the allegations contained in the foregoing paragraphs 1 through and including 74 as though set forth in full. 76. There exists a controversy between and among the McCouches, the Nantucket ZBA and the Beach Club about the existence and extent of zoning violations on the Beach Club property. 77. The McCouches request a declaration of the existing zoning violations as set forth in their prayer for relief. COUNT III 78. The McCouches repeat the allegations contained in the foregoing paragraphs 1 through and including 77 as though set forth in full. 79. The facts underlying the zoning violations were either known to the Building Inspector, brought to his attention by the McCouches in the request for relief or readily available to him from an examination of the records of the Nantucket Building Department, the Nantucket Planning Board and the Nantucket ZBA. 80. The Nantucket ZBA relied on the Building Inspector's determination that the MCD thresholds were not breached and on the Building Inspector's denial of the McCouches' request for enforcement. The Building Inspector's decision was in bad faith, was motivated by prejudice and bias, and was not made with the due deliberation and consideration to which the McCouches are entitled. 81. The Building Inspector's determinations and denial are invalid and void. 82. The Nantucket ZBA's denial of the McCouches' application must be vacated. -14- PRAYER FOR RELIEF The McCouches respectfully request that the Court (1) Under Count I: (a) Annul and vacate the denial by the Nantucket ZBA of the McCouches' application for zoning relief. (b) Order the removal of the Shed from the Tennis Lot. (c) Order that (1) the tennis courts be reduced to their original footprint when built in 1975 or 1976, or, alternatively, (2) that for purposes of future development that the Tennis Lot be deemed to be encumbered as if the tennis courts and other facilities on the Tennis Lot had been built in accordance with the Zoning Bylaws, including but not limited to dimensional setback, coverage and other require- ments. (d) Order removal of the parking area from the Tennis Lot. (2) Declare, adjudge and decree under Count II: (a) that the 1975 Use Variance was illegally granted; (b) that the tennis courts built in 1975 or 1976 were dimensionally nonconforming structures prior to the issuance of the 1992 Permit; (c) that the tennis courts built in 1975 or 1976 were a nonconforming use prior to the issuance of the 1992 Permit; (d) that the 1992 Building Permit for the expansion, alteration and reconstruction of the tennis courts was illegally issued; (e) that the expansion, alteration and reconstruction of the tennis courts after issuance of the 1992 Permit was in violation of the Zoning Bylaw; -15- (f) that the tennis courts existing today were illegally constructed in violation of the Zoning Bylaw; (g) that the current use of the Shed is not permitted in an LUG-III zone; (h) that the Shed constitutes excessive and illegal ground cover; (i) that the Shed is an illegal structure; (j) that the viewing stadium is an illegal structure; (k) that the viewing stadium constitutes illegal ground cover in excess of the permitted ground cover; and (1) that the Beach Club property has exceeded the thresholds for an MCD. (3) Under Count III: (a) Declare, adjudge and decree that the Nantucket Building Inspector's denial of the McCouches' request for zoning relief was in bad faith and is void. (b) Annul and vacate the Nantucket Building Inspector's denial of the McCouches' request for zoning relief. (c) Vacate the denial by the Nantucket ZBA of the McCouches' application for zoning relief. (d) Order the removal of the Shed from the Tennis Lot. (e) Order that (1) the tennis courts be reduced to their original footprint when built in 1975 or 1976, or, alternatively, (2) that for purposes of future development that the Tennis Lot be deemed to be encumbered as if the tennis courts and other facilities on the Tennis Lot had been built in accordance with the Zoning Bylaws, including but not limited to dimensional setback, coverage and other require- ments. -16- (f) Order that an area equivalent to the area of the current tennis courts within the side yard and front yard setback plus the area of the expansion after the issuance of the 1992 Permit outside of the setback be deemed to constitute ground cover for purposes of calculating a ground cover ratio. (4) (g) Order removal of the parking area from the Tennis Lot. Grant such other and further relief in their favor as is just in the premises. January~~, 1999 DONALD McCOUCH and RINA P. McCOUCH, By their Edward Woll, Jr., BBO SULLIVAN & WO Cl One Post Office Square Boston, MA 02109 (617) 338-2800 2900 TER LLP E:\EDW\MCOUCHI\COMPLAIN.DOC:1 /29/99 IN WASHINGTON. O.C. 1025 CONNECTICUT Av ENUE. N. W. wA5N1NGTON, D. C. 20036 (202) 775 • 8190 fA% NO. 202-293 -2275 SULLIVAN & WORCESTER LLP ONE POST OFFICE SQUARE BOSTON, MASSACHUSETTS 02109 (617) 338-2800 FA% NO. 617-338-2880 September 23, 1998 Nantucket Building Inspector Nantucket Building Department Town and County Building Nantucket, Ma 02554 Dear Sir/Madam: IN NEW YORK CITY 767 TH1R0 AVENUE NEW YORK, NEW YORK 10017 (212) 486 - 8200 BAR NO. 212 ~ 75 B - 2151 This letter is being submitted on behalf of Donald and Rina P. McCouch (the "McCouches") of 4 Black Walnut Lane, Siasconset, MA 02564 pursuant to Mass. Gen. L. ch. 40A, § 7 and Nantucket Zoning Bylaw Section 139-26A(1). The McCouches hereby request relief from zoning violations of the Nantucket Zoning Bylaws by the Sankaty Head Golf and Beach Club, Inc. (the "Club"). The relevant statutes and the Nantucket Zoning Bylaw provide that your office has 14 days from the date hereof to respond to this request. The Club consists of two noncontiguous properties. One property is devoted to golf activities (the "Golf Club") while the other offers swimming and tennis (the "Beach Club"). The McCouches own property abutting the Beach Club property. The Beach Club property consists of Parcel 9 (the "Pool Lot") and Parcel 11 (the "Tennis Lot") on Assessors Map 23. The Beach Club property includes an easement on land adjacent to the Pool Lot for buildings moved to there and used by the Beach Club (the "Easement Area"). The Tennis Lot fronts on Hoickes Hollow Road. The Beach Club property and the McCouch property are in an LUG III zone. The zoning violations include but are not limited to those that resulted from construction that expanded the Beach Club following the issuance of Building Permit No. 9595-92, (the "1992 Permit"). The zoning violations from which the McCouches seek relief are as follows: (1) the construction done after issuance of the 1992 Permit which impermissibly reconstructed and expanded the tennis court area by close to 5000 square feet and installed new fencing to surround and divide four tennis courts, part of which is reconstruction and expansion within the side yard and front yard setback areas, (2) the construction done after issuance of the 1992 Permit which impermissibly moved a shed (the "Shed") to a different location on the Tennis Lot, Nantucket Building Inspector September 23, 1998 Page 2 (3) the additional ground cover resulting from work done after issuance of Permits in 1990 and the 1992 Permit which exceeds the permissible ground cover ratio for the Beach Club, (4) failure to treat the Beach Club as an MCD since in or before 1988 and work done since that time, and (5) the increased intensity of use of the Beach Club area to an extent wholly inconsistent with the use permitted in the LUG-III zone in which it is located. The specific relief the McCouches seek includes: (1) the removal of the Shed that is on the Tennis Lot, (2) the confinement and reduction of the footprint of the tennis courts to that of the tennis courts as originally constructed in or prior to 1976, (3) a ban on all future construction, alteration, and/or reconstruction of structures on the Beach Club property, and removal of structures not protected by permit, variance or passage of time, until the ground cover ratio achieves that permitted as of right, and (4) removal of the parking area from and a restriction on parking on the Tennis Lot. A. The onstrnction after IccLance of the 1992 Permit Exnanded the Tennic CoLrt into the Se back Area without a Variance and Expanded the Non-Compliant Use without a Variance. Tennis was not a Beach Club activity in 1972 when the Zoning Bylaw was adopted in Nantucket. The Zoning Bylaw in effect in the 1970's did not allow tennis courts in an LUG-III zone except if grandfathered as a nonconforming use unless the tennis court was attached to a residence. The Beach Club did not acquire Parcel 11 on Assessors Map 23, the Tennis Lot, until July 14, 1975. (See Tennis Lot title). In 1975, the Beach Club obtained a use variance to construct tennis courts on the Tennis Lot. No plans for the tennis courts constructed in 1975 appear to have accompanied the use variance application in 1975.' The ZBA granted at most a use variance and did not grant a dimensional variance. The tennis courts and fencing built in ' No plans for the Tennis Court constructed in 1975 or 1976 were found in the Building Department files. Nantucket Building Inspector September 23, 1998 Page 3 1975 were partially within the front yard and side yard setbacks specified for anLUG-III district.Z A Zoning Bylaw amendment in 1990 included a game court as a structure. Therefore, the existing tennis courts on the Tennis Lot became pre-existing nonconforming uses and dimension- ally nonconforming structures.3 The Beach Club applied in 1992 to expand and reconstruct the tennis courts and the fencing and obtained Building Permit No. 9595-92 dated December 24, 1992 to do so. The reconstruction, the new structures and extensions of the courts and fencing fell within the front yard and side yard setback. The Building Permit application was not accompanied by an application for a variance or even for a special permit that would be required for an alteration, expansion or reconstruction of a nonconforming use or structure. The applica- tion for Building Permit No. 9595-921eft blank, i.e. not filled out, section 4 on Zoning Compli- ance. The 1993 construction after issuance of the 1992 Permit was not sanctioned by a variance to expand the use or to invade further the setback area. Plans submitted by the Beach Club to the ZBA show the expansion and the zoning violations. B. The 11~ovement of the "Tennis" Shed on the TPn.,~~ i.~t ~n 1993 Required a Variance. The Shed, described as having a 112 square foot footprint, was added to Parcel 11 on Assessors Map 23 in 1975. Thy Shed was described as a "pro shop" in Building Permit Applica- tion No. 200-75, dated July 9, 1975 and was located within the neck of land close to Parcel 9 on Assessors Map 23. Asa "pro-shop", the Shed was ancillary to anon-permitted use, the expan- sion of which should have been the subject of a variance application itself. There was no variance or special permit sought or obtained for the Shed in 1975. In 1978, the Shed, referred to still as a "pro shop", was relocated to be closer to the tennis courts. (Building Permit No. 816-78, May 8, 1978) a There was no variance or special permit sought or obtained for the Shed or its relocation in 1978. The Shed was described in a January 12, 1990 plan as a "1 story wood frame tennis court service building". Whatever use the Shed had as a "pro shop" before the move in 1990 was abandoned. Moreover, the movement of the shed on the Tennis Lot from its original position lost any grandfathered protection which it may have had prior to that time. A tennis court was not a structure in 1975. If the tennis court fence was a structure, no variance was obtained in 1975 to construct it within any setback area. ° According to the application for Building Permit No. 816-78, the Shed is described as having a square footage of 120 square feet. ~r Nantucket Building Inspector September 23, 1998 Page 4 The Shed was relocated again after issuance of Building Permit No. 9595-92 dated December 24, 1992. There was no variance or special permit sought or obtained for the Shed or for its relocation. C. The onstruction after Iccuance of the 1992 Permit Exacerbated the Already :Tonconformin~ and Exceccive Ground over Ratio of the Beach Club. The Beach Club was permitted under the 1975 Nantucket Zoning Bylaw- a ground cover ratio of three percent of the Pool Lot. In 1990 the ZBA determined that the Beach Club initially had, i.e. in 1972, 8882 squaze feet of grandfathered ground cover, which amount did not include the pool. The current actual ground cover on the Beach Club property comprises about 11,135 square feet of buildings and about 4000 square feet of pool and pool escarpment. At a ground cover ratio of three (3%) percent, permissible ground cover is most likely somewhere between 5500 and 600 squaze feet. All excess grandfathered ground cover, i.e. in excess of what the Beach Club could have as of right, has been eliminated by demolition, movement of buildings or construction of new buildings since 1972. It is a matter of public record that the Beach Club has abandoned almost all of the building ground cover that was grandfathered in 1972. For example, in 1990 the Beach Club demolished two structures of about 2760 square feet and relocated five others, which had a combined azea of about 7680 squaze feet. Also, since 1972, there has been substantial erosion of not only the coastal bank but also the beach so that the high tide line is significantly different today than it was in 1972. In other words, the Pool Lot has significantly decreased in size since 1972. D. T}ie Beach Ll.~h Tc a ~nr ('nmmPrclal DevelO m .n ("M~D"1._ The Beach Club is a fee operated business which is intended to provide eating, recrea- tional, support and other related facilities. Fees aze chazged for membership, presumably both as an initial or initiation fee and annual fees, including most likely as well periodic interim assess- ments. There aze probably separate fees for tennis, beach and golf membership and/or facilities use. There are in addition contemporaneous chazges for products, services, meals and other uses of the facilities. Tennis equipment, supplies and lessons are also sold on the premises. There are about 11,135 square feet of buildings in the Beach Club development consist- ing of the pool lot, the tennis lot and the easement area and an additiona14000 squaze feet of pool and pool equipment or patio. These include a restaurant, a pro shop, other retail facilities and employee, kitchen and other supporting azeas. The Nantucket Zoning Bylaw § 139-11A in 1992 required Planning Board approval for any commercial use which would constitute a Major Commercial Development ("MCD"). Prior to the work done pursuant to the 1992 Permit, the Beach Club was an MCD as defined in Section 139-11B(1)-(3), (5) and (6). The Beach Club, having failed to seek Planning Boazd approval, Nantucket Building Inspector September 23, 1998 Page 5 was without authority to complete the work.described in the 1992 Permit. The 1992 Permit and those issued in 1990 were invalid because the ZBA was without the power to exercise jurisdic- tion over and allow the changes to the Beach Club when it was issued. The Beach Club was otherwise without authority to do the work performed after issuance of the 1992 Permit. The Beach Club is admittedly aware of its status as an MCD and subject to the require- ments set out in Section 139-11B ("Subsection B") of the Nantucket Zoning Bylaw. For example, in 1998 the Beach Club submitted a new application to remove a building located on the Pool Lot and construct a new building on the Tennis Lot. In support of its application, the Club asserted that the ZBA had determined in ZBA Appeal No. 66-97 that there had been 3,770 square feet of commercial structures added to the Beach Club since 1979. The ZBA decision in the proceeding for Building Permit No. 66-97 referred to a letter from the Club analyzing the commercial structures. The Club included within its calculations buildings and construction on the Golf Club property which is separate and some distance from the Beach Club property and is therefore a separate parcel pursuant to Subsection B. The Club further argued that removal of a 337± square foot structure (which is believed to have been Building I) and building another 360 square foot building for a net gain of 22 1/2 square feet left, according to the Club, 3,792.5± square feet of commercial structures added since 1979. Building I had been previously repre- sented in a January 12, 1990 plan as having 234 square feet. In any event, the 337± square feet is an abandonment of a pre-1979 commercial structure and therefore could not be deducted from the total number of commercial structures added since 1979. Since the Club is apparently subject to Planning Board jurisdiction, the burden is on the Club to show affirmatively that 1) it has not abandoned any commercial structure or use grand- fathered in 1979, and 2) that it has not expanded since 1979 in ways that constitute an MCD pursuant to Subsection B. A principal question is how to apply the grandfathering provision of Section 139-11C ("Subsection C") to the history of the Beach Club expansion. Subsection C allows a preexisting MCD to avoid the special requirements of Section 139-11 until its aggregate expansion, since 1979, independently meets one of the definitions of an MCD contained in Subsection B. There is inadequate documentation to establish whether or not the Beach Club has expanded so much since 1979 that it now requires an additional twenty (20) parking spaces pursuant to Section 139-18, Subsection B(3), although it appears to be the case, or generates an additional 10,000 gallons of wastewater per day, Subsection B(6). However, the McCouches assert that such determinations, along with others, were required prior to issuance of the 1992 Permit. In any event, the Nantucket Planning Board would be the body with jurisdiction to have made such a determination. E. A simple visual comparison of the 1971 to the 1997 aerial photograph (App. A and B respectively) and the removal, reconstruction, expansion and movement of buildings since 1972 demonstrates the extraordinary increase in intensity of use of the land and types of uses that originally had a very limited scope of intensity and use. The Beach Club has profoundly multi- Nantucket Building Inspector September 23, 1998 Page 6 plied the intensity of the use of the property through a succession of construction, sometimes with permits and variances, and sometimes without. The aggregate accretion oftwenty-six (26) years of uses has worked so substantial a change that any further change, other than an abatement of use, would exceed the permit granting authority of the ZBA. The accretion has been accomplished by: i. the imposition of a tennis use on the Beach Club property; ii. since 1972, the increase by a factor of three (3) or more of the area of impervious surfaces on Parcels 9 and 11 of Assessors Map 23; iii. a large enough increase in Sankaty Beach Club membership to require a freeze on membership; iv. the expansion of the need for parking facilities beyond those that exist and the expansion of all other facilities; and v. the expansion of areas used for commercial purposes. For the above-stated rea~ens, the McCouches request the zoning relief set out above. Very truly yours, Ed~ard~Voll, Jr. Attorney for Donald and Rina . McCouch Sullivan & Worcester LLP One Post Office Square Boston, MA 02109 E:~EDW~M000CH 1~BUILDING.LET:9/22/98 Sarah F. Alger Attorney for Donald and Rina P. McCouch Sarah F. Alger, P.C. Two Union Street Nantucket, MA 02554 5 The Zoning Bylaw defines impervious surfaces as including Paved or Graveled Areas, Walkways and Sidewalks, Patios, Decking, Game Courts, Pools, Tennis Courts, Buildings and Other Structures and Areas Designated for Parking. If any part of the site contains a commercial building or is used for commercial purposes, 20% of the area must be free from impervious structures and impervious surfaces. ~ Zoning Bylaw § 139-16E. A comparable provision applicable to an MCD increases to 30% the percentage that must be free from impervious structures and surfaces. Zoning Bylaw § 139-11(g)(1) and (2). a •- ~slu To: Edward Woll, Attorney From: S,=.ra'r. F . Alger Date: Septettlber 25, 1998 Re: McCouch Ae we discussed yesterday, I went to the Building Department this mornirtg to file the letter dated September 23, 1998, re:-iuesting zon7ng relief with respect to the zoning violations of the Sankaty Golf Clab, Ii~~~. ("Sankaty") on Haicka Hollow Road. I spoke with Steve Butler, w:ic indicated that- the Building Inspector, Jack Dunn, ~uas the person to whom such matters needed to be addressed. The office aeaiBtant ascertained that Mr, punn would be available shortly, and after a brief wait, I was told that I could go into his office. Nor. Dunn was very cordial and remained yo throughout our meeting, wh_ch lasted about ten minutes. I told }:im that I was therz, on behalf of Mr. and Mrs. McCoucr, to file a request far an enforcemenr_ action concerning tre Sankaty property and that I wanted to explain thz context of the request. I retrinded hirn of the application r_hat Sankaty had presented to the Boars of Appeaia (the "ZBA") at. the beginning o£- the summer. He asked me if our client was the woman who ha~3 baen at the ZBA meeting and who had just built right up next to the Sankaty property and now wanted to complair. about everyt-ring. uyi c~ ~ yts i y: its tv~. c~tsu us T said that Mrs. McCauch was the diz'ect abutter to Che Sankaty tennis courts and that • erie and her family had built two or so years ago. I explained to him that Mrs. McCouch, her son, and I had attended both of the zsA hearings. I told him that, since the withdrawal of the Sankaty application, we had been trying to negotiate an amicable resolution, but that it now appeared that, for a vax•iety c,~ rEasona, such a resolution was not possible. I said that, at this paint, we were looking to ameliorate some of the existing violations an~i to essentially freeze the property and prevent further expansion or constrt.ction. I zem~nded ti~tn that when the Sankaty property was first developed tl:e.re was no one around to be bothered by it, but that now, the area had developed into a residential neighborhood and the concerns of the neighbors had to be taken into account. I told him that if h~ looked at the aerial photoc3raphs attached to the letter, he would see the great eXter~t to which Sankaty had expanded over the last 20 years ar so grid that such expansion waa not appropriate and in many cases had been done without tl'ie proper permits. He soak the wetter, glanced at it, and said, "HGw long do you think it is going to be before we have an ~thric war?" Of Course, I was st~.~.nned and indicated that I was not sure what hE meant. He went cri to say, in a rambling, incoi,erent way, that this was a common problem with "thee people", that they are "grabbers", and tY'~at do not knew any other way of being. He said that he saw this happening all over and that I must see ir_ 2 Uy/ G7 ' yb "I Y: Gy NU. 6tSU U4 too. Fie said eamathing like, "Look at what happened in Sharon and [tome other Massachusetts community]. They moved in and now no are wants to live there any more. You pull up with your :roving van, and they're suing you bzfore you even unpack. They'll sue you just for parking your car at l.tle curb." He also said hat this problem wot:ld only get worse 3s people get more and more crowded together r-rnd again me:Itianed that this must be something that I deal with in my work. I told him that I did not like to think of things in ethnic terms. I said that I thought that, as property values inr_.rPased, people wez~e mcre vigilant in protecting their property rights. I indicated that, for example, in seeking releases grid waivers of restrictions, I found people less cooperative than they were when I first started practicing and that people az'e much less likely tc~ give up rights now, without getticlg s<mething in return, then they once were. I said that I attributed this to owners beiIly generally mare sophisticated Or savvy and to the incredible property values that we have been seeing, rather t;tian ~o ethnic causes. He replied, "Well, the~~ can't help iL'. It's genetic". At some point, he also said, "Look what they're doing aver an the west Bank." Mr. Dunn ttler~ W~Ilt arl to complain in a general way about the amount of wank )•ie harp and the lack of manpowe'r'. He showed me a stack of papers and said thaw there wez~e about SO enforcement matters there that he did not have time to process. "Basically," he said, "we are dcir,g zero enforcement right ncw." Fie also ahoaed me two shelves of pEnding permit applicat:irris 3 09/2 ' 9~t 19: ~9 N0.6~3U U5 that tle is holding onto and cannot issue because of the building cap. N~ said that he gets a' r~cw stack of applications every day. He went or_ to say that every year his budget situation gets worse. He has the same number of employees as they did in 1964. Coate go up 8~ Eve.-y year, but the budget is tied to 2~ because of ?roposition 2 ~ slid what 'se c;an get as a result of valuation increases, but that the ends are not meeting. He also said that he felt that the town was doing something illegal with regard to his budget, tiza;t ore figure waB approved by the voters at Town Meeting, and that he was being given less than that. He said that he was being told that if he needed more, he could go to the finance committee or. an emergency basis. I3e said that he did not~have enough money to pay all of his employees and that he was about $40,000 short. I asked if I could have a stamped receipt from him for the letter. He walked :ne out to the rcc~ption desk, stamped tlir letter as received on the front page, signed it, and made a cop;r of the front page, which he gage tc me. On the way out, he asked me, "How far is this woman going to take this? Is she going alp the way to court?" I said that we would obviously have no idea how far we were going to go until we had his decision and treat sae were taking rpis one step at a time, but that the McCouches were committed to reselvirig this issue so that *_lrey did not have to worry about what might happen under their bedroorr~ window. I told him that if, upon reading the letter, he had arty questicr~s, he should feel free to call you or 4 uyi c~ yo i y: ~u nu. nt~u ud me. I thanked him for his time, apologized for adding to tlis workload, said that we woui.d•expect his decision soon, and lefr_. Please let me know what action, if any, we should take on this matter. ADDENDUM I am adding the following i•er_ollections at 6:14 PM on Friday, September 25, 199E. Bernie Bartlett, the assistant building inspector, I think, was present in the room for most, if not, all of the above conversation. He was working on some files, did nct participate in the discussion, and, in fact, ga-~e no indication that he heard anything that was said. Steve Butler, the plan reviewer, I think, was in his office just r_ext door and may have heard some of tree discussion. Mr. Dunn mentioned, at scnte point in the course of the meeting, something to the effect that "you used to only have to worry about the Irish and the Portuguese." f: \rrF•\mccrn:ch\dunn memC.dcc 5 i October 2, 1998 TOWN HUII,DIId(~ ANNEX 37 WA.9HINGTON STREET NANTiJC1~TI`~ MASSACHU3ET1'S 02554 Telephone b08.22&7222 Tale Fex 548.2&7249 Sarah F. Alger Attorney for Donald and Rena P. McCouch Two Union Street Nantucket, Ma. 02554 Re: Sankaty Beach Tennis Club (gyp 23 Parcel 11 & 9) Dear Sarah' After review of the above property in question, I find no violation present on the property. John H. Dunn Bui[dln~ CAT72IV1194fAn8r The property has never required a M.C.D. review, as the limits have never been exceeded requiring the M.C.D. review. The club is recreational fdc;lity and provides pool, beach and tennis use. Also the total area is of educational use as a tennis pro and pro shop are on the tennis site and the pro is providing teaching instruction to the playoflrs. 1~he permits the club has applied for and l:alds have 21 day appeal periods. Seven ear control back on zoning control which pretty much coverc all of the existing activit es on the questioned property. Yours t // h' ~ 1 ohn H. Dunn Building Commissioner $UILDING AND CODE ENFORCEMENT DEPT 1 Sarah F. Alger, P.C. Attorney at Law Two Union Street, Nantucket, Massachusetts 02554 Telephone (508) 228-1118 Facsimile (508) 228-8004 E-Mail sfa@nantucket.net October 6, 1998 BY HAND John H. Dunn, Building Commissioner Nantucket Building Department Town Building Annex 37 Washington Street Nantucket, Massachusetts 02554 Dear Mr. Dunn: .~- ~~ - ~~ l; t; ~~ I have given a lot of thought to your reaction to Donald and Rina P. McCouch and to their enforcement request, which I filed with you on Friday morning, September 25, 1998 on their behalf . I have, as you are aware I am obligated to do, informed my co-counsel, Edward Woll, of the content of our meeting. The McCouches have also been informed of the content of the meeting. The McCouches feel, and neither Mr. Woll nor I disagree, that your remarks regarding the McCouches were entirely inappropriate. Based on that encounter on September 25, 1998, I did not anticipate any result other than a rejection of the request for relief. I received from you this morning in the mail the determination letter of October 2, 1998 in which you, on behalf of the Building and Code Enforcement Department, refuse any enforcement. Given the attitude you expressed on September 25th toward the McCouches, and in light of your October 2nd letter, the McCouches feel, with Mr. Wolf s and my concurrence, that it was decidedly inappropriate for you to have involved yourself in the decision of whether to enforce the alleged zoning violations or not. Therefore, on behalf of the McCouches, I suggest that someone else in the Building Department should have determined whether to enforce the zoning violations alleged and that you should have isolated yourself from that decision. Sarah F. Alger, P.C. John H. Dunn, Building Commissioner October 6, 1998 Page Two Upon your reflection and recall of that meeting, I am sure you will readily understand why this suggestion is being made. Ver trul y rs, ~,-~ arah F. Al er, on behalf of Donald and Rina P. McCouch SFA/ cc: Edward Woll, Jr., Attorney Sullivan & Worcester One Post Office Square Boston, Massachusetts 02109 Mr. and Mrs. Donald McCouch 67 West Hills New Canaan, .Connecticut 06840 f:\wp\mccouch\dunn letter.doc R BOA Form 1-89 NANTUCKET ZONING BOARD OF APPEALS TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554 CASE No. - APPL.ICATION FOR RFT.I .F Sankaty Head Golf Club, Inc., also known as ~' Owner's name(s): Sanka Head C'olf and B -ach .1 ~b, Inc. j `,', j i Mailing address: 100 Sankaty Avenue, P O Box 293, Siasconset, 1\~A 02564 EI ~1~ ~ ~~~ 2 6 Applicant s name: Donald and Rina McC'oLCh Mailing address: 67 West Hills Road, New Canaan, CT 06840 ~f~~~.., -.__..., Location of lot: Assessor's map and parcel number - 23-9, 23-11 and 2 -8 Street address:l7&18Hoie}~Hollow Road, Siascon~et, MA Registry Land Ct Plan, Plan Bk & Pg or Plan File Lot 10070-A I.ot A , 9314-G Lot 6, 9314-E Lot 1 Date lot acquired: 2 -9 10/ 5/7 -11 7f ~ 4/7~ 23_8 (Fat~nr) 10/1/84 Deed Ref / Zoning district LUG3 Cert . 6994 , Cert . 7431, Cert . 6994 (Doc . 30904 ) Uses on lot -commercial: None or MCD X - number of: dwellings duplex apartments rental rooms Building date(s): all pre-8/72? or C of O? 1990 to the present Building Permit appl'n Nos. 7641-90. 7642-90, 7643-90, 7644-90, 7645-90, 7646-90, 7647-90 and Case Nos. all BoA applications, lawsuits: 017-75, 200-75, 816_78, 3660-84, 5155-R7 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 if a Special Permit (and 139-33A if to alter or extend a nonconforming use). If appeal per 139-31A & B ,attach decision or orders appealed. OK to attach addendum2 Items enclosed as part of this Application: order' addendumZ Locus map .X Site plan X showing present ~. + planned structures Floor plans present proposed elevations (HDC approved? ) Listing lot area * frontage X setbacks ..X_ GCR * parking data Assessor-certified addressee list 4 sets .~ mailing labels 2 sets X $200 fee payable to Town of Nantucket .X proof 'cap' covenant 1(If an appeal, ask Town Clerk to send Bldg Comr's record to BOA.) P"/•'•. ~~ i ~,3 C is ~ 7 ~ ~ A~i a `' ~ i, i 17 --------- N-- I certify that the requested information submitted is substantially complete and true to the best my knowled e, under the pains and penalties of perjury. SIGNATURE: t Attorn,. ~1 Yom' E ward Woll, Jr., Esquire Sullivan & Worcester One Post Office Square Boston, MA 02109 Attorney for Donald and Rina McCouch 3(If not owner or owner's attorney, enclose proof of authority) See Addendum for pertinent plans * Not yet determined For examples see Addendum ~~Le ~ve~- U~~+ chi o~ }L~e, l pw r~ L1e ~k ~,v ~~Jts FOR BoA OFFICE USE W~ ACT 2g 1998 ~a'.U~ eC Application copies reed: 4_ or _ for BoA on _/_/_ by ~,,,, - One copy filed with Town Clerk on _/_/_ by complete? _ One copy each to Planning Bd and Building Dept _/_/_ by $200 fee check given Town Treasurer on _/ by waived? _ Hearing notice posted _/_/ mailed _/_/_ I & M _/_/_, -/_/_ Hearing(s) on _/_/_ cont'd to _/_/_, _/_/_ withdrawn? _/_/_ Decision due by -/_/_ made _/_/_ filed TC _/_/_ mailed _/_~_ See related cases lawsuits other ti TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: January 15 1999 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: Owner/Applicant: 119-98 DONALD AND RINA MCCOUCH 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 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. Dale W. Waine Chairman cc: Town Clerk Planning Board Building Commissioner PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMT.T 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 37 Washington Street Nantucket, Massachusetts 02554 Assessor's Map 23, Parcels 9, 8 Certificates of Title Nos. 6994 and 11 and 7431 17 and 18 Hoicks Hollow Road, Land Court Plan 10070-A, Lot A; Si~asconset Land Court Plan 9314-G, Lot 6; Limited Use General-3 Land Court Plan 9314-E, Lot 1 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, December 11, 1998, at 1:00 P.M., in the Conference Room, in the Town Building Annex, 37 Washington Street, Nantucket, Massachusetts, the Board made the following decision on the application for relief filed by DONALD and RINA McCOUCH, of 67 West Hills Road, New Canaan, Connecticut, File No. 119-98: 2. The Applicants, Donald and Rina McCouch, are appealing from a decision of the Nantucket Building Commissioner dated October 2, 1998, denying enforcement action requested by the Applicants against Sankaty Head Golf and Beach Club, Inc. ("Sankaty Head") The Applicants allege that Sankaty .Head expanded and altered its Tennis Courts and Beach Club properties without proper zoning relief being in place and with building permits having been issued by the Building Department for particular work without the proper authority to do so. Specific relief being sought by the Applicants is as follows: • The removal of the shed that is on the Tennis Courts Lot (as later defined); • The confinement or reduction of the footprint of the Tennis Courts to that of the Tennis Courts as originally constructed in or prior to 1976; • A ban on all future construction, alteration and reconstruction of all structures on the Beach Club Lot (as later defined), and removal of structures not protected by permits, variances or passage of time, until the ground cover ratio achieves that permitted as of right; and • Removal of the parking area from, and a restriction on parking upon, the Tennis Courts Lot. The subject property is situated at 17 and 18 HOICKS HOLLOW ROAD, SIASCONSET, shown upon Assessor's Map 23 as Parcels 8, 9 and 11, and consists of Lot 1 on Land Court Plan 9314-E, Lot A on Land Court Plan 10070-A, and Lot 6 on Land Court Plan 9314-G. All of these parcels are situated in the Limited Use General-3 zoning ,, district. Lot A on Land Court Plan 10070-A (Assessor's Parcel 23-9), together with its appurtenant easement to construct and maintain structures upon Lot 1 on Land Court Plan 9314-E (Assessor's Parcel 23-8), is hereinafter referred to as the~Beach Club Lot. Lot 6 upon Land Court Plan 9314-G (Assessor's Parcel 23-11) is hereinafter referred to as the Tennis Courts Lot. Sankaty Head is the owner of Lot A on Land Court Plan 10070-A and Lot 6 on Land Court Plan 9314-G, and is the holder of an appurtenant easement to use a portion of Lot 1 on Land Court Plan 9314-E. 3. Our decision is based upon the application and accompanying materials, and representations and testimony received at our public hearing. The Planning Board recommendation was in support of the Building Commissioner's decision that the activities upon the Locus did not constitute a Major Commercial Development under Nantucket Zoning By-law §139- 11, and that no further recommendation was made as the subject of this proceeding was not a matter of planning concern. Representatives of Sankaty Head appeared in opposition to the appeal and in support of the refusal of the Building Commissioner to undertake enforcement action. 4. The Beach Club Lot and the Tennis Courts Lot are situated at the easterly end of Hoicks Hollow Road. The Beach Club Lot lies to the north, and is bounded easterly by the Atlantic Ocean. The Tennis Courts Lot lies to the south of Hoicks Hollow Road, southwest of the Beach Club Lot. The Beach Club Lot has been improved with beach cabanas, a swimming pool, and food service facilities since a time prior to the effective date of the Nantucket Zoning By-law in 1972. 5. In Board of Appeals Case No. 017-75, the Board of Appeals issued a decision dated June 26, 1975, granting a variance from use regulations under the Nantucket Zoning By-law (use variances not then being prohibited, under law in effect at that time) to permit the use of the Tennis Court Lot, which was then vacant land being acquired by Sankaty Head, for the construction and use of four tennis courts and a small clubhouse. No plan was attached to the decision, and it contained no description of the size or location of the proposed improvements except that the clubhouse was characterized as "small". Sankaty Head then proceeded to acquire the Tennis Courts Lot, and Building Permit No. 200-75 was issued for the construction of the small clubhouse (described in the permit as a "Pro Shop") on July 9, 1975. The four authorized tennis courts and the small clubhouse were then constructed during 1975 and 1976, and were placed into use. On December 24, 1992, the Building Department issued Building Permit No. 9595-92, for the extension and resurfacing of the tennis courts, extension of an existing fence, and relocation of the clubhouse. The permitted work was then 2 completed prior to the 1993 summer season, and this building permit was signed off by the Building Commissioner on May 21, 1996. 6. As noted above, the Beach Club Lot has been improved with structures relating to its use for beach purposes since a time prior to 1972. As a result of continuing erosion of the coastal bank upon the Beach Club Lot, various work has been done for the moving, removing, replacement and alteration of these structures over the years. On May 8, 1978, Building Permit No. 816-78 was issued for the relocation of one of these buildings. On October 10, 1984, Building Permit- No. 3660-84 was issued for the relocation of another structure. On January 16, 1987, Building Permit No. 5155-87 was issued for the repair and replacement of a deck. On August 2, 1990, the Board of Appeals issued its decision in Case No. 045-90 granting relief by variance and special permit for the removal, replacement and relocation of structures throughout the Beach Club Lot (including the appurtenant easement area) as a result of recent severe erosion of the coastal bank. Pursuant thereto, on November 8, 1990, Building Permits Nos. 7642-90, 7646-90 and 7647-90 were issued for the performance of work authorized by the decision in Case No. 045-90; a Certificate of Occupancy for this work was issued on June 21, 1991. 7. Based upon the foregoing, it appears that all work done by Sankaty Head on the Beach Club Lot and the Tennis Courts Lot has been performed pursuant to building permits issued by the Nantucket Building Department, and within the scope of the zoning relief granted by the Board of Appeals. The decision in Case No. 017-75 authorized the construction of four tennis courts and a small clubhouse on the Tennis Courts -Lot, without further definition, and that is exactly what is there today. The decision in Case No. 045-90 authorized the relocation and replacement of structures upon the Beach Club Lot and its adjacent appurtenant easement area, and that is exactly what is there today. 8. On October 31, 1995, the Applicants purchased a parcel of vacant land adjacent to the southerly boundary of the Tennis Courts Lot, shown as Lot 11 on Land Court Plan 9314-H, and proceeded to build a dwelling thereon. They have requested the Building Commissioner to take enforcement action against Sankaty Head for various alleged zoning nonconformities upon the Tennis Courts Lot and the Beach Club Lot, all of which have arisen in conformity with building permits issued by the Building Commissioner and which were in existence at the time that the Applicants purchased their property. Specifically, the Applicants have alleged the following violations from which they seek relief: 3 (a) Reconstruction and expansion of the tennis courts upon the Tennis Courts Lot after issuance of Building Permit No. 9595-92, with construction of new fencing. (b) Moving of the small clubhouse or "shed" upon the Tennis Courts Lot after issuance of Building Permit No. 9595-92. (c) Additional ground cover which is alleged to have arisen upon the Beach Club Lot resulting from work done following the issuance of Building Permits Nos. 7642-90, 7646-90 and 7647- 90 on November 8, 1990. (d) Failure to treat the Beach Club as a Major Commercial Development under Nantucket By-law §139-11 since on or before 1988. (e) Increased intensity of use of the Beach Club Lot to an extent allegedly inconsistent with the uses permitted in the zone where it is located. 9. The Board of Appeals, after hearing the Applicants' presentation and the other matters placed before it at the public hearing, found no basis for overturning the action of the Building Commissioner in refusing to take enforcement action with regard to these alleged violations. In fact, the work done upon the tennis courts and small clubhouse pursuant to Building Permit No. 9595-92 was in conformity with the Board of Appeals decision in Case No. 017-75, and no special relief was required for the additional fencing installed at that time. There is no basis for determining that the ground cover upon the Beach Club Lot was increased by the work done after the issuance of the 1990 building permits, pursuant to the zoning relief granted in Board of Appeals Case No. 045-90, and in any event more than six years has elapsed since this work was done pursuant to valid building permits, from which no appeals were timely filed by any party in interest, and accordingly this work is protected against enforcement by M.G.L. c.40A, §7, and Nantucket Zoning By-law §139-25.C(2) Without specifically ruling upon Sankaty Head's contention that, as a nonprofit social and athletic club its activities are not commercial and that it is accordingly exempt from treatment as a Major Commercial Development, there is in any event no evidence of expansion upon the Beach Club Lot from 1979 to date which would trigger the applicability of the Major Commercial Development provisions, and furthermore no appeal was filed from the Building Commissioner's issuance of building permits without requiring a Special Permit under these provisions. The final allegation of generalized increase in intensity of use is unsupported and fails to specify any actual alleged violation; in fact, the only evidence presented at our hearing as to any changes in the intensity of use was the testimony by Sankaty Head's tennis professional for the last 4 .. '1 eighteen years, that the use of the tennis courts upon the Tennis Courts Lot has declined over the last few years. 10. For the reasons stated, the Board of Appeals, by_a UNANIMOUS vote, acted to deny the appeal filed by the Applicants from the decision of the Building Commissioner to deny the requested enforcement action. Dated: January ~3 1999 F:\WP\sankaty\ZBA Decision.doc RECEIVED TOWN CLERK'S OFFICE NANTUCKET, MA 02554 JAN 15 1999 TIME: 3. ~~ n.~. ~JS+: CLERK: ATTEST: A TRUE COPY )~ NANTUCKET TOWN CLERK 5 V v - + ~ ~~cv+iL~ William P. Hourihan, Jr.