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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
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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
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Ann Balas
rch #5 /decision
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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.