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Home My WebLink About078-8671 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 August 5, 1986 Re: NOBADEER NANTUCKET CORP. (078 -86) Enclosed, please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeal from this action shall be made pursuant to Section 17 of Chapter 40A of the General Laws, and shall be:filed within twenty (20) days after this date. u� BOARD OF APPEALS BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on FRIDAY, JULY 25, 1986 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of NOBADEER NANTUCKET CORP. (078 -86) address c/o Tuchman, Hale and Dorr, 60 State Street, Boston, MA 02109. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -8B(1) for constructing and continuing the use of a private, non- profit club with swimming pool and two tennis courts. The premises are four contiguous lots owned by Applicant, two (Nos. 197 and 196) at 31 and 32 MACY LANE opposite the Airport entrance in the RESIDENTIAL - COMMERCIAL district and two (Nos. 38 and 37) to the west and rear on and off MILLERS WAY in the RESIDENTIAL -2 district. The proposed club would have the tennis courts on Lot 37 and swimming pool on Lot 38 (Land Court Plan 16514 -G, Cert. 4357, Assessor's Parcels 68 -173 and 199, respectively). The "NAN - TUCKET INN ", a hybrid motel -hotel complex, is on Lots 197 and 196 (Land Court Plan 16514 -3, Cert. Nos. 6072, 8826 and 8430, Assessor's Parcels 68 -52.2 and 52.1, respectively). 2. Our findings are based upon the records of the Application for Planning Board Special Permit I -84 dated May 22, 1984 as a mended through July 23, 1986 and our Special Permit 051 -84 dated July 25, 1984, together with the Application papers in this and related file 077 -86, viewing, correspondence and plans and testimony received at our hearing. Parti- cularly noted in the "Site Utilization Plan" dated 5/7/85 and marked as our Exhibit A for incorporation herein by reference. 3. With the Planning Board's Special Permit I -84, Applicant has constructed the compleX on Lots 197 and 196 as a Major Commercial Develop- ment ( "MCD") under Section 139- 9B(4). All further special permit relief for commercial activities which are a part of this MCD is solely within the jurisdiction of the Planning Board. Here Applicant characterizes the (078 -86) -2- proposed club as private, profit - making business. I is not a "portion" of the ATM Article 19B. Instead, Board of Appeals. Section not conducted for profit nor for commercial f correctly characterized in such way, the club MCD. See Section 139- 9B(4)(b) as amended 4/85 Special Permit relief is required from the 139- 8B(1). 4. The Planning Board in its unfavorable recommendation to us found proposed operation of swimming pool and tennis courts ancillary to the hotel an an obvious commercial intrusion within a residential zone. If indeed it were commercialfrelief would not be available to Applicant, neither by use variance as the Planning Board notes nor by Special Permit under Section 139- 8B(1). Our power to grant use variances was ended by 4/84 ATM amendment of the Zoning By -Law. 5. Applicant apparently conceded that the club operation is, to some degree, ancillary to the MCD. Driveway access links club and MCD per Exhibit A. Applicant contemplates that some 50% of the club membership would be available to MCD condominium owners and guests of the Inn. The club would operate its facilities as leasee of the MCD owners. Nonethe- less we are not able to find thatthe club is a "portion" of the MCD, that its private character is merely a sham. 6. Applicant proposes (and we so condition Special Permit relief) that: a. The club be organized as a not - for - profit corporation under MGL ch. 180, hence, subject to Commonwealth public reporting re- quirements and scrutiny. b. Rentals under the club lease be set on a reasonable cost - recovery basis and not to return a profit to the lessor(s). c. At least 50% of all classes of club membership, including organizational roles,be available to the general public (persons not associated with the MCD as owner employee, guest or the like) on terms and conditions and with benefits at least equal to those accorded persons (078 -86) -3- associated with the MCD. And further to assure reasonable harmony with the general purpose and intent of the zoning chapter and to meet neighborhood concerns: d. The 20'x40' pool will be located on Lot 38 as shown on Exhibit A but the tennis courts will be relocated to the west and club parking area to the east on Lot 37. e. Swimming pool use will be limited to 7:00 a.m. to 10:00 p.m. and tennis courts 9:00 a.m. to 9:00 p.m. f. The tennis courts will have a wind - screen enclosure to muffle noise. g. A veg..tative buffer zone.. of 15 -foot width shall be main- tained inwardly of the perimeter fence (see Variance conditions in 077 -86), easterly on Lots 37 and 38 (opposite the Nobadeer Way residences) and northerly on Lot 37. h. The club parking area shall have 16 car spaces, at least 9'x20', layed out in accordance with good planning practice. Such area and access to it shall be surfaced with crushed stone or better. (Access shall be convenient to general public as to those associated with the MCD.) 7. The 16 -space off - street parking condition is based upon maxi- mum pool occupancy of 40 and court doubles capacity of 8. A specific Section 139 -181 requirement is dependent on total certified "building" occupancy. We adapt it here to the total of 48 pool and court users, hence 16 spaces for the recreational facilities. 8. No club house, food or beverage service is planned in associa- tion with the club facilities. Noise will simply be that usual to pool and courts. 9. We note that private pools and tennis courts are permitted in R 1 (078 -86) -4- residential areas accessory to single - family residences and possibly Employer Dormitories. The Planning Board conditioned the MCD Special Permit on the Employer Dormitory (and manager's house) being located on Lot 38 (if not 196 or 197), and we properly approved that commercial use (as well as the manager's house) on Lot 38 by Special Permit. 051 -84 after a public hearing. But commercial intrusion onto residential Lots 37 and 38 is limited to such use. See our concurrent Variance conditions 064 -86/ 077 -86. 10. The impact of private club use of the recreational facilities, as distinguished,from private residential use, lies in greater intensity and noise. The most immediate abutters seemed to accept that impact provided relief is conditioned as noted above. 11. Accordingly, by UNANIMOUS vote, this Board GRANTS to Applicant the requested SPECIAL PERMIT under SECTION 139 -8B(1) for the private club with swimming pool, 2 tennis courts and parking provisions on Lots 37 and 38, subject to the conditions noted above. Dated: Au9UA_19 1986 Nantucket, MA 02554 Md le, . Ifu "duff 44,res : �9,O��e/ Oj� hw J,e11 ' /0A/S /9d10 ii 0 ;/n /i /,/: '0,4xy E" G/o W,1 aAll' d dal 110A1 4( William R. Sherman Andrew J. Leddy, Jr. A 0,, 3 J orothy D. Vollans R The parties to the above - entitled action agree and stipulate that this action may be, and hereby is, DISMISSED WITH PREJUDICE, without costs, expenses or fees, including attorney fees, to any party, with all rights of appeal waived and with no further action to be brought on account of the same cause or causes of action, such dismissal to enter and take effect forthwith as a final judgment for all purposes, pursuant to Rule 58(a) of the Massachusetts Rules of Civil Procedure. The Plaintiff, By h r attorneys: Arthur I. Reade, Jr. Reade & Alger Four Young's Way �� Nantucket, Massachusetts 02554 The Defendant, 10 1985 Nobadeer Nantucket Corporation, ATTEST SEP By its attorneys: NANTUCKET SUPERIOR COURT CLERK F. Antho M one Hale and D C'e.c, 60 State St et Boston, Massachusett 02109 Ale-' 30A To WAI dle flr s .4"1 /e COMMONWEALTH OF MASSACHUSETTS 71lfd'i oil s�ees�. i�Pe+t*r!1` NANTUCKET DIVISION SUPERIOR COURT DEPARTMENT,,,/ «!d!0 /✓ OF THE TRIAL COURT 7' BH �Ri�lAAleC CIVIL ACTION NO. 2148 Al.* 74 Ajl�veAled, * * * * * * * * * * * * MARY E. GLOWACKI, * Plaintiff * V. * STIPULATION OF DISMISSAL * WITH PREJUDICE NOBADEER NANTUCKET CORP., ET AL., * Defendants * * * * * * * * * * * * The parties to the above - entitled action agree and stipulate that this action may be, and hereby is, DISMISSED WITH PREJUDICE, without costs, expenses or fees, including attorney fees, to any party, with all rights of appeal waived and with no further action to be brought on account of the same cause or causes of action, such dismissal to enter and take effect forthwith as a final judgment for all purposes, pursuant to Rule 58(a) of the Massachusetts Rules of Civil Procedure. The Plaintiff, By h r attorneys: Arthur I. Reade, Jr. Reade & Alger Four Young's Way �� Nantucket, Massachusetts 02554 The Defendant, 10 1985 Nobadeer Nantucket Corporation, ATTEST SEP By its attorneys: NANTUCKET SUPERIOR COURT CLERK F. Antho M one Hale and D C'e.c, 60 State St et Boston, Massachusett 02109 The Defendant, Members of the Nantucket Board of Appeals, By heir atto4ne : I At, Ed d Foley V ughan, Town Counsel, Vaughan and Dale Whaler's Lane Nantucket, Massachusetts 02554 -2- CABLE HAFIS BSN TELEX 94 -0472 TELECOPIER (617) 367 -6133 (617) 742-9108 HALE AND DORR COUNSELLORS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET BOSTON, MASSACHUSETTS 02109 Ms. Madelyn Perry Nantucket Town Clerk Town and County Building Broad Street Nantucket, MA 02554 -3593 (617) 742 -9100 September 30, 1986 WASHINGTON OFFICE 1455 PENNSYLVANIA AVE.,N.W. WASHINGTON, D.C.20004 (202) 393 -0800 CABLE HAFIS WSH TELECOPIER(202) 393 -4497 Re: Nobadeer Nantucket Corporation Board of Appeals variance decision dated August 5, 1986 Dear Madelyn: When we got the Registry's attested copies of the Board of Appeals special permit and variance decisions, we noticed that on page four of both documents you had noted "Although an appeal from this action was filed it was withdrawn with prejudice on September 10, 1986." This notation should have appeared only on the special permit, not the variance, since the special permit was the only decision which was appealed. Will you please note on your record copy of the variance decision that twenty days had elapsed from its filing without appeal taken. Thanks, Madelyn. If you have any questions please call me. 1 ,�1 - A� 7i**, MM /rn CC: Mr. Robert Tuchmann, Esq. Mr. Neven Rabadjija, Esq. Sincerely, 4w;zl A*&� Marion Maxwell Legal Assistant Real Estate Department HALE AND DORR COUNSELLORS AT LAW A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 60 STATE STREET CABLE HAFTS BSN BOSTON, MASSACHUSETTS 02109 TELEX 94 -0472 TELECOPIER (617) 742 -9100 (617) 367 -6133 (617) 742 -9108 September 29, 1986 Ms. Madelyn Perry Nantucket Town Clerk Town and County Building Broad Street Nantucket, MA 02554 -3593 WASHINGTON OFFICE 14SS PENNSYLVANIA AVE.,N.W. WASHINGTON, D.C.20004 (202) 393-0800 CABLE HAFIS WSH TELECOPIER(202) 393 -4497 Re: Nobadeer Nantucket Corporation Amendment to Special Permit Number 1 -84 for a Major Commercial Development. Dear Madelyn: Since it might be helpful to have all the regulatory documents relating to the Nantucket Inn in one place, we are enclosing a copy of the Planning Board amendment dated July 23, 1986 to Special Permit number 1 -84 for a Major Commercial Development for your files. Madelyn, we appreciate all the help you have given us over the past couple of months. Sincerely yours, Marion Maxwell Legal Assistant Real Estate Department Enclosure cc: Mr. Robert Tuchmann, Esq. Mr. Neven Rabadjija ` +'rtucr�r �9�Olt�t[0• NANTUCKET PLANNING BOARD BROAD STREET • NANTUCKET, MASSACHUSETTS 02554.3593 - (617) 228.9625 AMENDMENT TO NOBADEER- NANTUCKET CORPORATION (FORMERLY A. PRESTON MANCHESTER & SONS, INC.) / SPECIAL PERMIT NO. 1 -84 FOR A MAJOR COMMERCIAL DEVELOPMENT At a meeting of the Nantucket Planning Board held July 14, 1986, on the application of Nobadeer- Nantucket Corporation for an amendment to Special Permit No. 1 -84 for a major commercial development, previously granted to A. Preston Manchester & Son':, Inc, on May 14, 1986, the Planning Board found: Description of Amendment The applicant, Nobadeer - Nantucket Corporation, is seeking t!;,- Board's approval for a modification in use, to allow a reduction in retail space and a corresponding increase in space allocated for a conference /public assembly facility at the "Nantucket Inn ", located on and between Miller's Way and Macy's Lane. Decision The Planning Board finds that the proposed change in us- retail space to space allocated for a conference /public assembl,` facility will not materially affect the findings, conditions and conclusions upon which the Planning Board's previous decision approve the development was based. Therefore, the Board her by ,w , 1 the requirement for a second public hearing and special permi'.:, pursuant to Section 139- 9B(4)(e) of the Zoning By -Law. Based on the aforementioned finding, and subject to substantial conformance with the plans of the "Nantucket Inn ", previously approved by the Board on May 14, 1986, the NantLi,:._ -- Planning Board hereby grants its approval of an amendment Nobadeer- Nantucket Corporation's Special permit No. 1 -84, I:z proposed, for a major commercial development on property Land Court Plan 16514 -3 Certificate No. 8430, conditional following: 1. Compliance with all of the conditions, plans and agre(,,,T,0 ,' included in the original special permit No. 1 -84, previc,, Q' r.3 ' by the Planning Board on May 14, 1986, on file in the t,1:3n"_:,.: and Town Clerk's office. 11 2. That one off - street parking space for each four seats in the proposed conference /public assembly facility be provided on -site as required in Section 139 -18 of the Zoning By -Law. 3. That any modifications, additions or deletions to this application, as approved by the Planning Board, shall require the issuance of a special permit by the Planning Board subject to the procedural and substantive requirements under Section 139 -9B(4) and Section 139 -30 of the Zoning By -Law. APPROVED Walter S. Date: FOR TH/ NANTUCE T PLANNING Barrett, Chairman �7 /23/ R6 The Commonwealth of Massachusetts BOARD BY: Nantucket,ss. July 23, 1986 Then personally appeared the above named Walter S. Barrett and acknowledged the foregoing instrument to be the free act and deed of the Nantucket Planning Board before me, 1 - � Notary Public My Commission Expires: June 19, 1992 ..� w,: .� .;:; ._�,� Ir a� NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 259 1986 at 1:30 p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of NOBADEER NANTUCKET CORP. (078 -86) seeking a SPECIAL PERMIT under Zoning By -Law SECTION 139- 8(B)(1) pursuant to SECTION 139 -30 for a private, non - profit club to operate a swimming pool and two tennis courts. The premises are located on MILLER'S WAY, ASSESSOR'S PARCELS 68 -119 and 68 -173 and zoned RESIDENTIAL -2. ata 0'61 William R. Sher,an, Chairma7n"C BOARD OF APPEALS 11414 A� hee� P►B -1 Case No. FEE $100.00 APPLICATION TO THE BOARD OF APPEALS Nantucket, Massachusetts To the Members of the Board of Appeals: The undersigned hereby a9plies for relief from the terms of (ZoNiPIG BY -LAW) (Ja11ikNN!QxfZQRJk on property described below: Lccation of Property, Mill_ Lot Plop 37 and 38 Land Court Plan No. 16514 -G (Land Ct. Cert.4357) District is zoned for Residential 2 Assessor's #68 -119, #68 -173 Type of�}k�XY$�x��3x�= xkYOp��R�xrx proposed use:Private non- profit club Owner's Name Nobadeer Nantucket Corporation Owacr's Address c/o R Tuchmann, Hale & Dorr, 60 State Street, Boston, MA 02109 When did you acquire this property? ' 1936 Has application been filed at Building Department? n/a Has any previous appeal been made? no Section of By -Law or Code from which relief is requested: 139 -30 139 -8. B. (1 Reason for asking relief: Applicant requests Special permit as _allowed by Section 139 8 B (l) for a private, non - profit club to operate a swimming pool and two tennis courts. Signature of applicant NOBADEER NANTUCKET CORPORATION By u ATTACH: (1) A list of the names and addresses o each abutting owner and owner abutting the abutters, and owners within 300 feet. (2) A check in the amount of $100.00 made payable to the T:,-,an of Nantucket. (3) Four copies of the application and a map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. BOARD'S DECISION Application submitted to Board c� 4�- Ile, Advertising dates Decision of Board Decision filed with the Town Clerk - —