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HomeMy WebLinkAbout045-90I Form 3 -89 TOWN OF NANTUCKET 0 L fs _ 90 BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 1990 To: Parties in interest and others concerned with the decision of the Board of Appeals in Application No. S4_a-2_Q_ of: (a) SANKATY HEAD GOLF CLUB, INC. FOR ITSELF AND (b) MRS. ARTHUR DEAN Enclosed is the decision of the Board of Appeals which has this day been filed with the Nantucket Town Clerk. An appeal from this decision may be taken pursuant to Section 17 of Chapter 40A, Massachusetts General Laws. Any action appealing the decision must be brought by filing a complaint in court within twenty (20) days after this 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. Linda F. Williams, Chairman cc: Town Clerk Planning Board Building Commissioner en �. • k ,.. i Ei`�. {ti,..�" r"� ��q�. }, ?"�ij�s�. �v ";.4 �'�l *�ti.al_j_ {� i��i !-A BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS at a Public Hearing held on FRIDAY, JULY 13, 1990 at 1:00 p.m. in the Town and County Building, Nantucket, made the following decision upon the Application of SANKATY HEAD GOLF CLUB, INC. FOR ITSELF AND FOR MRS. ARTHUR DEAN (045 -90), Box 293, Siasconset, MA 02564. 1. Applicant seeks SPECIAL PERMIT relief pursuant to SECTION 139 -33A to relocate five (5) buildings on the lot owned by Sankaty Head Beach Club and within the Beach Club's Easement Area (the "Easement Area ") of the abutting lot on the northerly side owned by Mrs. Arthur Dean, to remove- two (2) buildings from the Beach Club lot entirely and to relocate one of the buildings at the same non - conforming side line setback of one of the removed buildings. Further, Applicant seeks a VARIANCE from the SECTION 139 -16A requirement of a ten (10) foot rear and side line setback for lots of record to allow one of the relocated buildings to straddle the lot line running between the northerly bound of the Beach Club property and the Easement Area. The premises are located at 18 HOICKS HOLLOW ROAD, Siasconset, Assessor's Map and Parcel 23 -9 and 23 -8 for the Easement Area. The Applicant operates a private Beach Club on the premises as a pre- existing, non - conforming use in the LUG -3 zone. 2. Our findings are based upon the application papers, site plans showing the existing (our Exhibit "A") and proposed relocation and removal (our Exhibits "B" and "C ") on file, and representations and testimony received at our hearing. A letter from Mrs. Arthur Dean showing her consent to the proposed project was received at the hearing. No one appeared at the hearing in opposition. 3. We find that Special Permit relief to remove two (2) buildings and relocate the required five (5) buildings is an alteration of the pre- existing, non - conforming use of the premises that will not be substantially more detrimental than the existing non - conforming use to the neighborhood. In fact, the pre- existing non - conformity as to ground cover, 8884 square feet existing with 4094.70 allowable, will be reduced by 2760 square feet due to the removal of the two buildings. Further, we find that the relocation of Building A along the same 7.99 -foot non - conforming side line setback as the existing Building K after Buildings K and L are removed, does not make the non - conforming side line setback more non- conforming and in an open area this change is not more detrimental to the neighborhood. 4. Secondly, we find under the request for variance relief, that the severe and rapid erosion of the coastal bank in Siasconset, along the easterly side of the Beach Club property threatens the existing structures. Owing to the unique topography of this coastal bank location coupled with the eroding soil conditions that does not generally affect the LUG -3 district in which this lot is located, a literal enforcement of the required 10 -foot side and rear setback for lots of record creates a substantial hardship. Since i+ i5 unknown how rapidly this erosion will continue, we find that it is important that the Beach Club be able to move the threatened structures as far west on the property as possible to avoid an annual need for relocation. Moreover, relief can be granted without substantial detriment to the neighborhood and without nullifying or substantially derogating from the intent or purpose of the zoning by -law. 5. Accordingly, this Board by UNANIMOUS vote grants to the applicant 1) the requested special permit relief to generally, allow the relocation and removals of buildings on the Beach Club property and specifically, to allow the relocation of one (1) building at the same non - conforming side -line setback location as one of the removed buildings, and 2) the requested variance relief from Section 139 -16A with respect to side and rear line setback requirements to allow one of the relocated existing structures to straddle the lot line. All relocations shall be in substantial conformity with Exhibit A. Forty -three (43) parking spaces shall be provided as shown on Whibit A. Dated: CWdrA0.2 -, 1990 ` Linda W1 i ms William Sherm obert ei hter Michael O'Mara � r Ann Balas rch #5 /decision o j/� TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, JULY 13, 1990 at 1:00 P.M. in the Town and County Building, Federal and Broad Streets, Nantucket, on the Applica- tion of (a) SANKATY HEAD GOLF CLUB, INC. for itself as to Lots A and 1 and for (b) MRS. ARTHUR H. DEAN as to Lot 1 which she owns (said to be subject to an easement in favor of Sankaty (045 -90). Applicants seek a SPECIAL PERMIT under SECTION 139 -33A to remove 2 and relocate 5 buildings (now on Lot A and in the 27,790 SF easement area of Lot 1 and said to be pre- existing and non - conforming as to beach club use in a residential district) so that one of the 5 buildings is sited along the same side lot line as one of the removed buildings; also a VARIANCE from SECTION 139 -16C to allow another of the relocated buildings to be sited astraddle the lot line dividing Lot A from the Lot 1 easement area. Coastal erosion is noted. Waiver of a second application fee, if applicable to the second lot, is requested. The premises are located at 18 HOICK'S HOLLOW ROAD, Assessor's Parcel 23 -009 (Lot A of Land. Court Plan 10070 -A) and Parcel 23 -008 (Mrs. Dean's Lot 1 of Land Court Plan 9314 -E), and are zoned LIMITED USE GENERAL -3. W. liam R. Sherman, Chairman BOARD OF APPEALS 40" 1 BoA Form 1 -89 NANTUCKET ZONING BOARD OF APPEALS 6/21/90 "— 7 TOWN AND COUNTY BUILDING Date NANTUCKET, MA 02554j`1 CASE No. - C/ APPLICATION FOR RELIEF Owner's name(s): (a) Sankaty Head Golf Club, Inc. (b) Mrs. Arthur H. Dean P.O. Box 293 (b) Mailing address: (a) Siasconset, MA 02564 Applicant's name: Sankaty Head Golf Club, Inc. Mailing address: P.O. Box 293, Siasconset, MA 02564 Location of lot: Assessor's map and parcel number (a) 23 -9 (b) 23 -8 Street address: 18 Hoick's Hollow Road a) LC Plan 10070 A, Lot A Registry Land Ct Plan, }�X1DX&XX�I b) LC Plan 9314-E, Lot 1 (a) 10/25/73 (a) Cert No. °49 Date lot acquiredib) 07/06/65 Deed Ref(b) Cert.NoZonipg district LUG -3 5116 Uses on lot - ztffi i &i)Cxx FQJwe _ or Private Beach Club MCD? No - number of: dwellings_ duplex_ apartments_ rental rooms_ Building date(1.): all pre -8/72? yes or C of 0 ?_ Building Permit appl'n. Nos. N/A Case Nos. all BoA applications, lawsuits: 1 -83, 22 -83 and 61 -89 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 -3JA attach decision or order appealed. OK to attach addendum . f Please see Addendum attached hereto. 0I Items enclosed as part of this Application: orderl addendum2 Locus map X Site plan X showing present X +planned X "structures Floor plans present_ proposed_ elevations (HDC approved?__) Listings lot area frontage setbacks GCR parking data Assessor - certified addressee Iist 4 setL:- majling labels 2 sets_ $200 fee payable to Town of Nantucket proof 'cap' covenant l(If an appeal, ask Town Clerk to sen Bldg Comr s record to BoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pains and perialties of pe rjury. SIGNATURE: Applicant Attorney /agent X 3(If not owner or owner's attorney,, enclose proof of authority) 01 14 Application copies ree d: 4_ or for BoA on 2( �� by wF One copy filed with Town Clerk onC(2/�_(fQby complete? One One copy each to Planning Bd and Building Dept� by $200 fee check given Town Treasurer on-L/�LUbYL &- iaived ? -- Hearing notice posteC Jmailed6Q/�&) I & N62 _� L), � d Hearing(s) one_/_ cont' d to--J___/_, �_/_ withdrawn ?�___/ _ Decision due by_/_/_ made___J__/_ filed TC__J_J_ mailed_/_ See related cases lawsuits other iii ADDENDUM The Applicant is seeking Special Permit relief pursuant to Section 139 -33A to relocate five (5) buildings on the lot owned by Sankaty Head Beach Club and within the Beach Club's Easement Area (the "Easement Area ") of the abutting lot on the northerly side owned by Mrs. Arthur H. Dean and to remove two buildings from the Beach Club lot entirely. The Applicant is further seeking variance relief pursuant to 139 -32 to allow one of the relocated buildings to straddle the lot line running between the northerly bound of the Beach Club property and the Easement Area. The Applicant operates a private beach club on the premises as a pre- existing, non - conforming use in the Limited Use General -3 Zone. The area of the Beach Club lot is 136,490+ square feet with the existing ground cover of approximately 8884 square feet. The Easement Area on Mrs. Dean's property covers approximately 27,790+ square feet, of her entire parcel which is 27.5 acres. The ground cover of the existing Beach Club structures in the Easement Area is 2546 square feet, more or less. A Plan showing the existing structures is attached hereto as Exhibit A. Applicant proposes to remove the two buildings used as employee housing in the past and labelled as Buildings K and L on the Plan attached hereto as Exhibit A. Removal of the two (2) structures results in a reduction of ground cover of 2760+ square feet. Applicant further proposes to relocate the following buildings also shown on Exhibit A: 1. Building A which houses an existing kitchen and ladies A plan showing the proposed removal and relocation of these buildings is attached hereto as Exhibit B. Applicant requests Special Permit relief to relocate Building A along the same sideline setback line as the existing Building K after Buildings K and L are removed. The relocated Building A will be no closer to the lot line than the existing structures that are being removed. Applicant requests variance relief to allow Building C to be sited partially on the Beach Club lot and partially on Mrs. Dean's lot within the Easement Area. Severe and rapid erosion of the coastal bank along the Beach Club property threatens the existing structures along the easterly side of the property. Owing to the unique topography of this coastal bank location coupled with the eroding soil condition that do not generally affect the LUG -3 District in which this lot is located, a literal enforcement of the required ten (10) foot side and rear setbacks for lots of record creates a substantial hardship. Since it is unknown how rapidly this erosion will continue, it is imperative that the Beach Club be able to move the threatened structures as far west on the locker room; 2. Building B which houses the existing men's locker room and cabanas; 3. Building C which houses cabana units and a conference 4. room; Building H which houses cabana units; and 5. Building I which houses cabana units. A plan showing the proposed removal and relocation of these buildings is attached hereto as Exhibit B. Applicant requests Special Permit relief to relocate Building A along the same sideline setback line as the existing Building K after Buildings K and L are removed. The relocated Building A will be no closer to the lot line than the existing structures that are being removed. Applicant requests variance relief to allow Building C to be sited partially on the Beach Club lot and partially on Mrs. Dean's lot within the Easement Area. Severe and rapid erosion of the coastal bank along the Beach Club property threatens the existing structures along the easterly side of the property. Owing to the unique topography of this coastal bank location coupled with the eroding soil condition that do not generally affect the LUG -3 District in which this lot is located, a literal enforcement of the required ten (10) foot side and rear setbacks for lots of record creates a substantial hardship. Since it is unknown how rapidly this erosion will continue, it is imperative that the Beach Club be able to move the threatened structures as far west on the property as possible now to avoid an annual need to relocate. Relief can be granted without substantial detriment to the neighborhood and without nullifying or substantially derogating from the intent or purpose of the zoning code.