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HomeMy WebLinkAbout063-91060 3 - �./ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: Nov. 20 19 91 To: Parties in Interest and.Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Applicaticn No.: 063-91 Owner/Applicant: RICHARD ELDRIDGE Enclosed is the Decision of the BOARD OF APPEALS i,.1hich has this day been filed in the office of the Nantucket Town Clerk. Ln Appeal from this Decision may --ba taken pursuant to Section 17 of Chapter 40A, Vai-Q---,chuse-t1-1L-.s General Laws. A ny action Dpeaiing tna Deci S4 0- '.jU C t :tee 'y v 'fas an c0m-pia n co:,_ wi t'h' - m rr- this day's date. Notice of the action with a cow of t" h e com;D -laint and certified cony of the Decision :rust e g i N, en tip T w n C 11 e rk. Sc -a s t. o r e c e i -v e (20)"d-ay-s. n Robert J% )�ei�hter, Ch'a`i-man cc: To,•n Clerk Planning Board Building Commissioner ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 Map 73 -4 -2 11 New Street, Siasconset Parcel 67 353/214 Map 73 -4 -2 13 New Street, Siasconset Parcel 69 357/285 R -1 At a Public Hearing of the ZONING BOARD OF APPEALS held at 1:00 P.M., Friday, October 18, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of RICHARD ELDRIDGE, of 18 King Street, Siasconset, Mass., Board of Appeals File No. 063 -91, the Board made the following Decision? 1. Applicant appealed as a party aggrieved by the inability to obtain an enforcement action and seeking a reversal under §139 - 31A of the Zoning Bylaw of a Decision of the Building Commissioner, dated August 11, 1991, for alleged violations of the conditions of relief imposed in Board of Appeals File No. 019 -88A and 019 -88B, upon the then property owners, Sconset Enterprises and Kenneth Coffin, Inc., and Applicant therein, Sconset Casino Association, and their successor in interest, Siasconset Casino Association, Inc., paragraph 9, specifically that the tennis courts are on the property are not surrounded by security -type fencing as required under paragraph 9(3) in that the fence is not constructed as approved by the Historic District Commission, vegetative screening is not planted and maintained as required by paragraph 9(7), uses are being made of the premises in addition to those permitted under the Decision, and the hours of operation are in excess of those permitted under paragraph 9(4) of the Decision. The premises are located at 11 NEW STREET, SIASCONSET, Assessor's Map 73.4.2, parcel 67, as shown in Plan Book 11, page 10, and 13 NEW STREET, SIASCONSET, Assessor's Map 73.4.2, parcel 69, as shown in Plan Book 17, page 123, Lot 1. The property is zoned R -1. 2. The Board's Decision is based upon the Application and materials filed therewith, the evidence presented at the Hearing, numerous letters in support of the Application from abutters, and no recommendation from the Planning Board. 3. Applicant presented evidence at the Hearing that, although the tennis courts were being played on only during the hours between 8:00 A.M. and 8:00 P.M., the premises were being maintained and cleaned outside of those hours, specifically earlier in the morning. The terms of the existing Special Permit, paragraph 9(4) limit court play to the hours between 8:00 A.M. and 8:00 P.M. Application No. 063 -91 Decision 4. In addition, Applicant stated that he had pointed out to the Zoning Enforcement Officer /Building Commissioner other alleged discrepancies between the premises and the uses being made of the property and the conditions of the existing Special Permit, specifically the requirement for "Vegetative screening, by double -row, densely-plaited privet or equivalent," as required by paragraph 9(7) of the Special Permit, and he presented photographs showing the present state of the hedge, and parking of more than two cars per tennis court on the lot, as specified in paragraph 9(6) of the Special Permit. 5. Several abutters spoke on behalf of the Application and voiced similar complaints concerning the hours of operation, parking, noise, use of the courts for tournaments (which brings spectators to the site) and group, and children's lessons, and the condition of the hedge surrounding the premises. 6. The Owner of the property stated that it was fully complying with the letter of the Special Permit in all particulars, that that was the finding of the Building Commissioner after inspection, and that a reversal of the Decision of the Building Commissioner would require the Board to find that his Decision was arbitrary and capricious. Further, the owner argued that the Appeal before the Board did not re -open the terms of the original Special Permit to reconsideration; the Board's authority was limited to the basis for the Appeal and whether the conditions of the original Permit were being violated. To satisfy one concern of the abutters, the owner agreed to limit all operations on the courts, not just play, to the hours between 8 A.M. and 8 P.M., and that additiorWprivet would be planted. 7. While the Board may be sympathetic to the complaints of the abutters and desire to provide them a remedy, it is constrained by the limits of its power and can not act beyond those limits. The Board reluctantly agrees that on an Appeal from a Decision of the Building Commissioner denying a request for an enforcement action for alleged violations of the conditions of a Special Permit, the Board is not free to re -open the terms of the Permit for revision but can only decide whether the Building Commissioner's Decision was incorrect as to whether owner was complying with the conditions of the Permit. 8. By unanimous vote (Leichter, Williams, Balas, Waine and O'Mara in favor) the Board reverses the Decision of the Building Commissioner only as it applies to the hedge surrounding the property and finds that the owner has not complied with the conditions of the existing Special Permit, paragraphs 5 and 9(7), for "[v]egetative screening, by double -row, densely - planted privet or equivalent," to be planted and maintained around the 2 Application No. 063 -91 perimeter of the lot, and, in all other res the Building Commissioner is sustaine- Date: L - !9w �JXI'Afi Linda F. Williams Dale Maine Decision s the Decision of .� Leichter Ann Balas v Mic a O'Mara koc I - Ic - ct f A ,e� e�,4' �T- 3 ZONING BOARD OF APPEALS South Beach Street Nantucket, Mass. 02554 NOTICE op// A Public Hearing of the BOARD OF APPEALS will be held at 1:00 P.M., Friday, October 18, 1991, in the Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of: RICHARD ELDRIDGE Board of Appeals File No. 063 -91 Applicant is appealing as a party aggrieved by the inability to obtain an enforcement action and seeking a reversal under §139 -31A of the Zoning Bylaw of a Decision of the Building Commissioner, dated August 11, 1991, for alleged violations of the conditions of relief imposed in Board of Appeals File No. 019 -88A and 019 -88B, upon the then property owners, Sconset Enterprises and Kenneth Coffin, Inc., and Applicant therein, Sconset Casino Association, and their successor in interest, Siasconset Casino Association, Inc., paragraph 9, specifically that the courts are not surrounded by security -type fencing as required under paragraph 9(3) in that the fence is not constructed as approved by the Historic District Commission, vegetative screening is not planted and maintained as required by paragraph 9(7), uses are being made of the premises in addition to those permitted under the Decision, and the hours of operation are in excess of those permitted under paragraph 9(4) of the Decision. The premises are located at 11 NEW STREET, SIASCONSET, Assessor's Map 73.4.2, parcel 67, as shown in Plan Book 11, page 10, and 13 NEW STREET, SIASCONSET, Assessor's Map 73.4.2, parcel 69, as shown in Plan Book 17, page 123, Lot 1. The property is zoned R -1. G / _ Robert J. Lelchter., Chairman Ili 40elaeal BoA Form 1 -89 DTANTUCXET ZONING DOARD Or APPEAL) TOT.'R? 11ND COUN'iY 'DUILDING Date .1-1 cr.sE.�o.C�� -� APPLICATION FOR RELIEF Owner's name(s): Mailing address: Applicant's name Mailing address: Location of lot: Street address: RMIAPPROW WE &W-WAYM�--lWAMITMA i Registry Land Ct Plan, Plan /I/14ost-, 1o1l8 Date lot acquired:, "_al:l--ij; p and parcel numberr)3. & Pq or Plan I•'ile y/3NeCO- i U -A)zw. 3 3 �� 2 d Ref5CT2-"1w•W :i�strict � Uses on lot - commercial: None K or ��till1 r� )2 itCD? - number of: dwellings_ duplex_ apartments_ rental roon's_ Building date(s): all pre -8/72? _ or C of 0 ?_p Building Permit appl' n. Nos. Case Nos. all BoA applications, lawsuits: State fully all zoning relief sought and respective Code sections and subsections, speCaf:ically what you propose compared to present• and what grounds you urge for BuA to make each finding per Section 139 -32A if Variance, 139 -30A ii a Special Porwi.t (and 139 :)A if to alter or extend a nonco11- orming use) . If appoitl. per 139 -3)A & II attach decision or orders appealed. OK to c;tach addei;duml. ZA Items enclosed as part of this Application: order.l addendum2 Locus map_ Site plan___ showing present •t -pla sled st::uci:ures Floor plans present proposed_ cl.evations (iiDC iipproved ?_) Listings lot area frontage setbacks _ GCR _ parking data Assessor- certifiecddressee Y1 200 4 sets ma.liiul labels Z set _ 200 fee payable to Town of N,�nt:ucket proofs 'cap' covenant Bldg (If an appeal, ask Town Cler): to send Cumrru record to DoA.) I certify that the requested information submitted is substantially complete and true to the best of my knowledge, under the pails and penalties of perjury. SIGNATURE:- / - Applicant 1z Attorney /agent 3(If not owner or owner Is attorney, enclose proof of authority) FOR BoA OFFICE USE Application copies recd: 4 "or_ for BoA on-W-/Z/-/-?,/ by- One copy filed with Town Clerk un__j/Z&Z by L(ttiti complete ?_ One copy each to Planning Bcl and Building I7ept��% t�yc_ $200 fee check given TT/own Treasurer on__/__/_ LyL42. waived ?_ Hearing notice posted f mailed��/� I & M� /�, lam / �L Hearing(s) on^/_/_ cont'd to_/_/_, �_/, withdrawn ?_ /_/_ Decision due bye_/_ ntade��_ filed TC_/_/Y mailed--J--/ Snn rnl Atnrl 1 a .rc I i to nY'I. S OI ADDENDUM A Applicant is appealing as a party aggrieved by the inability to obtain an enforcement action and seeking a reversal under §139 -31A of the Zoning Bylaw of a Decision of the Building Commissioner, dated August 11, 1991, for alleged violations of the conditions of relief imposed in Board of Appeals File No. 019 -88A and 019 -88B, upon the then property owners, Sconset Enterprises and Kenneth Coffin, Inc., and Applicant therein, Sconset Casino Association, and their successor in interest, Siasconset Casino Association, Inc., paragraph 9, specifically that the courts are not surrounded by security -type fencing as required under paragraph 9(3) in that the fence is not constructed as approved by the Historic District Commission, vegetative screening is not planted and maintained as required by paragraph 9(7), uses are being made of the premises in addition to those permitted under the Decision, and the hours of operation are in excess of those permitted under paragraph 9(4) of the Decision. August 12, 1991 BUILDING DEPARTMENT Mr. Richard Eldridge King Street Siasconset, MA 02564 Dear Mr. Eldridge, TOWN BUILDING ANNEX 10 SOUTH BEACH STREET NANTUCKET, MASSACHUSETTS 02554 Ronald J. Santos Telephone 508- 228 -7222 Building Commissioner Tele Fax 508- 228 -7249 In response to your letter of August 11, 1991, regarding the Sconset Casino tennis courts - Certificate of Use. I have viewed the property and find that the planting is adequate as stated in the permit issued by the Board of Appeals. At this time I can not find any basis to revoke the Certificate of Use. If I can be of further assistance, please don't hesitate to contact me at the office. Sincerely, e Rona antos Building Commissioner TOWN OF NANTUCKET ackcode —L431 RECEIVED --6'1- -2 ,2 APPLICATION WILL NOT BED DEEMED COMPLETE UNTIL BUILDING APPLICATION NUMBEF. REVIEWED BY BUILDING APPLICATION FOR INSPECTOR PLAN EXAMINATION AND BUILDING PERMIT IMPORTANT - Applicant to complete all Items In Sections: 1,2,3,4, and OWNERS NAME: -4S ref 17 /S SSG GIB -�7h� Last First Middle Initial S e-w,&, L LOCATION OF No. No. Street Village -7 3 !� BUILDING Assessor's Map No. 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 recent use) ❑ New Building Residential Nonresidential ❑ Addition (If residential, enter number ❑ One Family ❑ Amusement, recreational of new housing units added, ❑ 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 ❑Demolition (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) G Public utility ❑ Moving (relocation) ❑ Gara e g ❑ School, library, other educational ❑ Foundation only ❑ Carport ❑ Other - Specify ,7 T. -/YNI S ❑ Stores, mercantile ❑ Ta ; towers r- he d B. 0 ERSHIP - Specify nvate (individual, corporation, Cn r '% -S nonprofit institution, etc.) ❑ Public (Federal, State, or local government) C. COST � � �/ �D omit cents E. DIMENSIONS r 2-0 / �S(O Dimensions (New) of � X Dimensions of Cost of: a. Structure Dwelling or Additior�y ', Additional Structures: b. Electrical No. of Stories: ,� r�:,.-;� " Garage: c. Plumbing First Floor Area: Accessory Bldg. d. Heating Second Floor Area: Swimming Pool: e. Other Third Floor Area: Other: �a TOTAL COST OF IMPROVEMENT Total Floor Area: 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 • Masonry (wall bearing) n�'f ❑ Public or private company_ No. of fireplaces • Wood frame ❑Private (septic tank, etc.) No. of Wood Stoves No. of Coal Stoves ❑ Structural steel Solar Collector • Reinforced concrete I. TYp� OF WATER SUPPLY Other: El Other - Specify Public or private company f� Private (well, cistern) L. SMOKE DETECTORS No. of Dectectors I G. PRINCIPLE TYPE OF HEATING Type (Battery or AC) J. SPECIAL CHARACTERISTICS I =] Gas See Plan for Location ❑ Air Conditioning /� N/^ - F1 Oil /`� ^/ 1 C; Electricity ❑ Heat Pump M. RESIDENTIAL BUILDINGS ONLY ❑ Central Vacuum Number of Bedrooms I J Coal ❑ Other Number of Bathrooms I J Other - Specify dull __ Partial 4. , ZONING COMPLIANCE To be completed by all applicants Applicant is required to submit a registered plot plan with application, showing location of all structures. Zoning District: ' x I I Total Land Area: t F6 Frontage on Street: a/' & k Lot No. Plan Book No. and Page: P/ 'e< 7 jyj 12 5 � Land Court Plan No. Date Lot Purchased: // g 0 Certificate No. ��tt 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 Is a Release required: YES NO Has Plan been filed with the Registry of Deeds? YES . If YES: Plan Book and Page No. Date NO NO TIME SHARING INFORMATION Is there a declaration of Covenants and Restrictiors of Interval Ownership noted on your Title or Deed? Yes No DIMENSIONS , Distance from Property Lines: FRONT Zy REAR S LEFT RIGHT Distance between Principal and Secondary Dwelling: (12ft. minimum.) ` t ! f Height of structure above finish grade: N /0 E /D S �d W 16 Number of off - street parkig spaces: Enclosed On -site GROUND COVER Principal Dwelling: Secondary Dwelling Addition: Garage: Accessory Building: Swimming Pool: Other: % Z 5 Total: / �� 77 Z-4 r 7- SF. Allowable: =? qLo SF. b y SreU_4 per. MISCELLANEOUS Was a request to "Determing Applicability of the Wetland Protection Act" filed with the Nantucket Cosnervation Committee? YES NO If answered YES, inclde "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 Flood Hazard district? YES NO 1 Was a Variance or Special Permit granted by the Board of Apeals? YES NO If 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: Date: Ground Cover Ratio: _ Side and Rear Setback: APPROVED BY Zoning Officer 3. Continued N. ENERGY CONSERVATION Type Foundation or Floor insulation Wall Insulation Ceiling or Roof Insulation Window Glazing: Insulated Glass — Doors: Insulated Yes No — Percentage of Window Area to Wall Area: Maximum BTU loss per hour of structure: ,A (h— Thickness R Value Double Glass Storm Weatherstripped: Yes No (Do not fill in if % of window to wall area is less than 20 %) 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 infc,,-ation is insufficiant 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: ❑ Full ❑ Partial FRAMING: Main Carrying members: Size: Support Spacing: First Floor Framing Second Floor Framing Ceiling Framing Roof Framing Roof Truss Joist size: Maximum Span: Maximum Spacing: Joist size: Maximum Span: Maximum Spacing: Maximum Span: Maximum Spacing: Joist size: - Rafter size: Maximum Span: Maximum Spacing: Applicant must submit design calculations for all wood trusses stamped by a Registered Profession Engineer. INTERIOR FINISH Walls Bedrooms Living Room Family Room Dining Room Bathroom Utility Room Special (specify) Attic Cellar EXTERIOR FINISH Wall Material Roof Material Roof Type NOTES AND DATE (For Department Use) Floors Ceiling — FEE CALCUALTIONS 5. IDENTIF4CATION - To be completed b all applicants Plans Review Required Name Mialing address - Number, street, city, and State HISTORIC DISTRICS COMMISSION Zip Code 17, ph. e No. i. Owner or Lessee Sial Co�t�- �•+� 1.. te✓ ff �� Li IC_i++ r� OZ S-& lk Ls 7 .4 /N/J1� �OOL 2" t t �S�d�. �(i %nr� �• 6. 9S X 6 6 6 CF 1f t / . Builder's License CONSERVATION COMMISSION General Contractor 47-wc� 6 C!v BOARD OF APPEALS p Q19- e R lq— 3. Contractor Signature SECONDARY DWELLING APPROVAL (Planning Board) Date FIRE CHIEF 4. Architect or Engineer OVER -THE -ROAD (Board of Selectmen) RELEASE FORM (Planning Board) 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 as his authorized gent and we agree to conform to all applicable laws of this jurisdiction. Signatu plic nt Addre� DO NOT WRITE BELOW THIS LINE 6. PLAN REVIEW RECORD - For Office Use Plans Review Required HISTORIC DISTRICS COMMISSION o G j SEPTIC SEWER WATER WELL COMPLETION REPORT CONSERVATION COMMISSION BOARD OF APPEALS p Q19- e R lq— a, e 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 7 �/� Permit number Building Permit issued Dale of Reissuance Building �X- Permit Fee 3yv - Date of Issuance of Certificale of Occupancy FOR DEPARTMENT USE ONLY Use Group Fire Grading Live Loading Occupancy Load Census No. G Approved by: t Building Inspector i Whereas the neighborhood surrounding the recently added tennis courts has suffered increased noise; constant trespass from stray tennis ball retrieval; increased traffic and parking; and in general the neighbors have lost quiet enjoyment of their own property, the following,exceptions to the 16 February 1988,variance are noted: FIN 1. There are three not two new tennis courts. 2. There are not ten foot, or higher; green woven wire fences surrounding the courts. 3. Sound and visual barriers of double row, dense privet plantings are not in existence around the courts perimeters. 4. What barriers do exist are not dense, in good condition, and are not well maintained. 5. Adjacent to the courts is a "green" being used for classes, clinics and as a playground further aggravating the disturbances. 6. Parking has been added in excess of the agreed allotment increasing the magnitude of the problem. At all times the variance addressed the neighborhood's concerns of additional noise, traffic and level of activity but these transgressions, nr improper following of the specific conditions, have severely limited the neighbors enjoyment of.their own property. Therefore, because conditions of the aforementioned variance are not in compliance, the neighbors, by signature hereto, request an injunction to prohibit continued useage of the offending courts. Further these signees would like an investigation into the reasons the courts were granted a permit without following the variance. Finally the neighbors announce their intention to seek all appropriate remedies at law to correct the violations, return the neighborhood to its previous state and seek damages for the disturbances caused by offensive noise levels. I, r Mr..'�am Daume Siasconset.Casino New Street Siasconset, Mass. 02564 August 8, 1991" Re. New Tennis Courts Dear Mr. Daume: Several citizens of 'Sconset who own property abutting your three new tennis courts met last week to discuss the many problems the courts are causing. First, it is the opinion of an attorney that the courts could be closed. Not only do they qualify as a nuisance, many of the abutting property-.owners never received proper notice of the Casino's plans and intentions or the hearings that were held. In addition, the finished courts do not comply with either the:initial drawings that were provided or the permit that was granted. It is not clear if the plans were intentionally or erroneously misleading, but they were. In spite of these problems, we-:-are interested in constructive solutions rather than legal actions. We have several demands we would like to be broughtbefore your board as soon as'possible. If we can work these out in a civilized manner, we believe every- one can be reasonably happy and thousands of dollars in legal fees can be put to better use. The following are our demands: (1) A wooden fence that is as sound proof as possible should be built around the courts at least nine (9) feet high. This ..will eliminate the visibility of players and reduce noise. (2) The chain link fence should be raised three(3) feet to reduce the number of balls escaping the courts. (3) The hours of use at these courts should be restricted to 9:00 A.M. to 4:00 P.M. Monday through Friday and 10 :00 A.M. to 3:00 P.M. on Sunday. (4) Signs limiting the hours of play should be posted -and ' enforced. (5) Signs prohibiting ball retrieval on private property., should be'post•d and enforced. (6) Court maintenance should be done during the playing hours, not before. (7) Signs should be posted requesting players to reduce pro- fanity and yelling. EDWARD FOLEY VAIIGHAN KEN-N F. DALE MELISSA D. PHU.BRIcg RACHEL G. HOBART STISAN JoNEs Tom VAuGHAN, DALE AND PHII.sRiGK ATTORNEYS AT LAW P.O. BOX 659 WHALER'S LATE NAA'Tu=, MASS 02554 TM (508) 228.4455 F M 1508) 228.3070 August 12, 1991 Dr. Gene M. Kangley 17 New Street Siasconset, MA 02564 Dear Dr. Kangley: Mr. Daume has turned your letter of August 8, 1991 over to me as counsel for the Casino. The Casino always remains concerned about being a good neighbor. The removal of the Coffin trucking business. I believe. has substantially improved the general area. I regret that you have problems with the tennis courts. We have posted signs and have insisted that our membership not. go on private property in trying to retrieve balls. To the degree that we can control offensive language we also try to do that. We believe that we have met a] I of the requirements of the Town of Nantucket as to the use of the property. If there are any we have fallen short on, I am sure the Casino will act in the proper manner. Beyond that we will have to respectfully decline to meet your demands. V;ry'~t �u l y yours, EPV /pgm -� BoA357FAH 285 DEED 'SCONSET ENTERPRISES, INC., a Delaware corporation, having its usual place of business in Nantucket, Massachusetts, for consideration paid, in the amount of $15,345.00, grants to SIASCONSET CASINO ASSOCIATION, INC., a Massachusetts corporation, having its usual place of business at New Street, Siasconset, Massachusetts 02564, with QUITCLAIM COVENANTS, That certain parcel of. land, situated in Nantucket, Nantucket County, Massachusetts, now known and numbered as 13 New Street, Siasconset, bounded and described as follows: SOUTHERLY by New Street, twenty and 05 /100 (20.05) feet; WESTERLY eighty and 04/100 (80.04) feet, and SOUTHWESTERLY forty -six and 45/100 (46.45) feet, by Lot 6 upon a plan hereinafter mentioned; SOUTHERLY by lands now or formerly of Mendal C. Redding and now or formerly of Josephine Torrey, forty -nine and 83/100 (49.83) feet; WESTERLY by lands now or formerly of Josephine Torrey and now or formerly of James F. and Mary C. Egan, one hundred twenty -nine and 12/100 (129.12) feet; NORTHERLY by lands now or formerly of Richard Eldridge and now or formerly of Claire F. Brown and Mary M. Sullivan, one hundred fourteen and 70/100 (114.70) feet; and EASTERLY by land now or formerly of Eleanor W. Coffin, two hundred sixty -four and 38/100 (264.38) feet. Said land is shown as Lot 1 upon a plan by Schofield Brothers, Inc., dated January 22, 1970, recorded with Nantucket Deeds in Plan Book 17, Page 123, and contains 19,868 square feet, more or less, according to said plan. All structures existing upon said Lot 1 are expressly excluded herefrom. Said land is conveyed subject to the following matters: -1- -... I b Y'. I �w w .,rte ' BOOK0357ncE 286 (a) Provisions of a Ground Lease between ' Sconset Enterprises, Inc., as Lessor, and Sconset Inn, Inc., as Lessee, dated May 24, 1973, recorded with Nantucket Deeds in Book 142, Page 57. (b) Any and all rights of others which may exist in the portions of the premises lying within New Street "12' Way" shown upon said plan. (c) Real estate taxes assessed by the Town of Nantucket for the fiscal year 1991. For title, see .deed of Raymond F. Wiley and Katherine M. Wiley dated October 26, 1969, recorded with Nantucket Deeds in Book 134, Page 200. The purpose of this sale is to enable the Grantee, as a nonprofit membership organization, to construct and utilize tennis courts and customary appurtenances upon the Premises for the use of its members and guests. The Grantee has also purchased certain adjacent land of Kenneth C. Coffin, Inc., as shown upon a plan with Nantucket Deeds in Plan Book 11, Page 10 (the "Coffin Parcel "), by deed recorded in Book 353, Page 214, at the Nantucket Registry of Deeds on October 18, 1990, with the stated intent of constructing tennis courts thereon, also for the use of its members and guests. No legal requirement is hereby imposed that the Grantee construct any tennis courts upon either the Premises or the Coffin Parcel at any time; however, it is the express agreement and understanding of the Grantee that no commercial use shall be made of either parcel. Without further defining terms, the parties agree that among permitted uses are tennis courts and appurtenances customary thereto, as well as housing for the Grantee's employees. It is further understood and agreed that housing constructed for such purpose may, from time to time, be rented when not needed for the Grantee's employees. If any Notice of Intended Sale is given pursuant to the Right of First Refusal , ��TMcFet— weed$ — }n Beer-- -,�ege , this restriction shall be terminated upon the first to occur of (a) the conveyance of the Premises pursuant thereto, or (b) the expiration of all rights of the Grantor under said Right of First Refusal pursuant to any Notice of Intended Sale, without the giving by the Grantor of any Notice of Exercise thereunder. It is the further agreement and understanding of the Grantee that the structures upon the Coffin Parcel shall be removed therefrom by the Grantee, at its expense, not later than May 31, 1991, that all debris, refuse and materials shall also be removed therefrom by May 31, 1991, and that thereafter both the Coffin Parcel and the Premises shall be kept and maintained in a clean and neat condition. -2- 6L 1-P mode, B00K03MPAu287 In witness whereof, 'SCONSET ENTERPRISES, INC. has caused its corporate seal to be hereto affixed and these presents to be signed in its name and on its behalf by John B. Rhodes, its President, and Pete F. Heller, its Treasurer, hereunto duly authorized, this day of December, 1990. ISCONSV ENTERPR , IjdC. 13y: B. Rhodes, President Peter F. Heller,- Treasurer STATE OF NEW YORK CO a7 i`Y mC4?0 Xdb s s . December , 1990 Then personally appeared the above -named John B. Rhodes,-.: President of 'Sconset Enterprises, Inc., and Peter `,,, ; Treasurer of ' Sconset Enterprises, Inc., and acknowledg'ec�ie foregoing instrument to be the free act and deed of.. -- Soottrse Enterprises, Inc., before me, ::' NANTUCKET LAID BANK CERTIFICATE Paid $ 3 %--- L . Exempt rJ' rdon•applk4ble sW t 31 0 Dog NANTUCKET t0CWTV -� Recat'ved ark EvftnM DEC 3A 1990 : �r•-� M. 4test n2. Regisier Y (mcp2 /sconset) Nota y gi3!? £ Printed name: LewA GE7uArl", My commission expires: x1311%d -3- LENA CENNAME Notan, r, ►,i,c. State of New yo& /I/v y/ 1645521 ell - ) - •C ,)ueonS .......�..wn rxpires Jett. 31, 19.r_ 2 co ca co a> LAI .G� -�•'ll _BOO H J W z `� X.(Ii O Lil bi n DEED t / Fenneth C. Coffin , Inc., a Massachusetts Corporation, ;r ;kith its principal place of.business in Siasconset, MA for consideration of $255,000, paid, grants to Siasconset 'C.asino Association of New Street), Siasconset, MA; with QUITCLAIM COVENANTS, f The* land with the buildings thereon in that part of Nantucket, Nantucket County, Massachusetts, called `Siasconset, described as follows: PARCEL ONE That certain parcel of land, with the buildings thereon now known and numbered as 11 New Street, Siasconset, bounded and described as follows: o'`WESTERLY by land now or formerly of Albert F. Egan, 266.05 feet; `NORTHERLY by land now or formerly of Mark Johnson, 63.58 feet; EASTERLY by land now or formerly of Raymond Wiley, in two courses, totalling 270.49 feet; and by New Street, 62.47 feet;- Said land is shown on a plan of W.F. Swift, Surveyor, dated June, 1936, recorded with Nantucket Deeds in Plan Book 11, page 10, and is said to contain 16,566 square feet. For title reference, see Deed dated September 7, 1984, recorded at the Nantucket Registry of Deeds in Book 2 /g', Page 1641, and by Deed dated October 18, 1990, recorded in Book ,353 , Page ?La. The property conveyed hereby does not constitute all or substantially all of the assets of Kenneth C. Coffin, Inc., in the Commonwealth of Massachusetts. Executed and sealed this 18th day of October, 1990. T 18 1990 t � o • clook and a minutes -C M Received And Entered with Nantucket County Deed Book page Attest • Register KENNETH C. COFFIN, INC. By: p Joy .L.- Coffin, PeAident and Treasurer By - Davi M. Coffin, Clerk COMMONWEALTH OF MASSACHUSETTS NANTUCKET S.S. OCTOBER 18, 1990 Then personally appeared Joyce L. Coffin, President and Treasurer of Kenneth C. Coffin, Inc. and acknowledged the foregoing instrument to be the free act and deed of Kenneth C. Coffin, Inc., before me. Notary Public My commission expires: BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: - C�'� ✓e�.-f- -edi W 1 t-�n ��''- S► i r. w-t The BOARD OF APPEALS, at a Public Hearing held on TUESDAY, FEBRUARY 16, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of SIASCONSET CASINO ASSOCIATION FOR ITSELF AND OWNER SCONSET ENTERPRISES, INC. (019 -88B) address 13 New Street, Siasconset, MA 02564. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -8B(1) to allow, as a use -by exception, the use of no more than two tennis courts on the premises without any buildings. In the alternative, Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A to alter and extend the existing use said to be non - conforming and pre- dating mid -1972 zoning by adding such tennis courts. The premises are located at 13 NEW STREET, SIASCONSET, Assessor's Parcel 73.4.2 -069_, Plan 17, Page 123, Lot 1, and zoned RESIDENTIAL -1. 2. Our findings are based upon the 019 -88 Application papers, viewing, correspondence, and plan (our Exhibit "A "), representations and testimony received at out hearing. Because two different lots, owners and legal relationships of Applicant to them are involved in the original Application papers, we are obliged to render separate decisions 019 -88A and 019 -88B and separate relief, with substantially the same set of condi- tians,and, we trust, consistent inter - relationships. 3. The overall plan proposed by Applicant per Exhibit "A" envisions Up to four new tennis courts for use as an extension of Applicant's 8- court tennis facility across New Street. Applicant is represented as a not - for - profit, non - commercial private membership association (not a corporation). Its membership is characterized as about 50:50 Sconset and non - Sconset residents, the former generally being able to walk or bike to the present tennis court complex. A waiting list with ome 8 -year backlog for membership is given as one reason for considering expansion. Applicant would be opposed to any requirement that new courts be open to (019 -88B; modification, clarification and correction of site location) Paragraph 9 subsection (8) should read as follows: (8) If Applicant may lawfully use the Lot 1 entry for access to the Lot A parking area it shall be so used in lieu of having a 20 foot ...5 TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 February e , 1988 Re: Decision upon;t -he Application of SIASCONSET CASINO ASSOCIATION FOR ITSELD AND OWNER SCONSET ENTERPRISES, INC. (019 -88B) Enclosed is a notice of the 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 wib.hin twenty (20) days after this date. r William R. Sherman, Chairman BOARD OF APPEALS (019 -88B) -4- wide entry spaced eastwardly across the Lot A frontage. (9);No!�w ,A}b. ghal,,I .die „used,,for, vehicular: a6co-ss,�between the,,lob and King Street. 10. Subject to the foregoing undertakings and conditions, this Board by UNANIMOUS vote GRANTS to Applicant the requested SPECIAL PERMIT underri:SECTION 139 -8B(1) (but denies alternative relief under Section I. ) 139 -33A). Dated: February /� , 1988 Nantucket, MA 02554 William R. Sherman Andrew J. eddy, Jr C. Mar hall Bea e BOARD OF APPEALS TOWN OF NANTUCKET NANTUCKET, MASSACHUSETTS 02554 DECISION: The BOARD OF APPEALS, at a Public Hearing held on TUESDAY, FEBRUARY 16, 1988 at 1:30 p.m. in the Town and County Building, Nantucket, made the following Decision upon the Application of SIASCONSET CASINO ASSOCIATION FOR ITSELF AND OWNER KENNETH C. COFFIN, INC. (019 -88A) address 13 New St. Siasconset, MA 02564. 1. Applicant seeks a SPECIAL PERMIT under Zoning By -Law SECTION 139 -8B(1) to allow, as a use -by exception, the use of no more than two tennis courts on the premises without any buildings. In the alternative, Applicant seeks a SPECIAL PERMIT under SECTION 139 -33A to alter and extend the existing use said to be non - conforming and pre- dating midi -972 zoning by adding such tennis courts. The premises are located at 13 NEW STREET, SIASCONSET, Assessor's Parcel 73.4.2 -069, Plan Book 17, Page 123, Lot 1, and zoned RESIDENTIAL -1. 2. Our findings are based upon the 019 -88 Application papers, view- ing, corresp6ndence2 and plan (our;-.Exhibit "A "), representations and testi- mony received at our hearing. Because two different lots, owners and legal relationships of Applicant to them are involved in the original Application papers, we are obliged to render separate decisions 019u88A and 019 -88B and separate relief,with substantially the same set of conditions and, we trust, consistent in interrelationships. 3. The overall plan pt,oposed by Applicant per Exhibit "A" envisions up to four new tennis courts for use as an extension of Applicant's:'8- court tennis facilityltacr.oss:;New Street. Applicant is represented as a not - for - profit, non - commercial private membership association (not a corp- oration). Its membership is characterized as about 50:50 Siasconset and non - Siasconset residents, the former generally being able to walk or bike to the present tennis court complex. A waiting list with some 8 -year backlog for membership is given as one reason for considering expansion. Applicant would be opposed to any requirement that new courts be open to the public. No off - street parking is available for the present tennis use and Casino building. On- street packing is extremely limited in this •(019 -88A) 1911 cant's use set forth below,�;;we are able to make the necessary finding for such Special Permit relief, namely, that it is in harmony with the general purpose and intent of the zoning chapter 139. The alternative relief by Special Permit under Section 139 -33A required additional findings, e.g., as to non - conforming use, not pursued ;here and accordingly to be denied. 9. In granting conditional relief, we have been mindful of the numerous letters in support from neighbors and the concerns expressed by abutters opposed. The conditions are as follows: (1) No more than two tennis courts will be constructed on--the lot as proposed. (2) Before a court is constructed on the lot, all buildings, commercial and residential, shall be -Gazed or removed, and no buildings shall be added. (3) The courts shall be surrounded by security -type fencing of a design having HDC approval. (4) Coui{ plays shall be limited to the daylight hours between 8:00 a.m. and 8:OO;p.m.. (5) No lighting shall be provided on the premises. (6) Off- street parking dimensionally conforming to Section 139 -18 shall be provided on the premises in the area described above, at the rate of two spaces per court, or off -site pursuant to Special Permit under Section 139 -18E. (7) Vegetative screening, by double -row, densely - planted privet or equivalent, shall be planted and maintained inwardly of the interior lot line around the perimeter of the lot, excluding frontage and entry drive area where low plantings are required for visibility and safety. (019 -88A) -4- (8) If Applicant may lawfully use the Lot 1 entry for access to the Lot A: parking area it shall be so used in lieu of having a 20 -foot wide entry spaced eastwardly across the Lot A frontage. 10. Subject to the foregoing undertakings and conditions,this Board by UNANIMOUS vote GRANTS to Applicant:the requested SPECIAL PERMIT under SECTIONS1139 -8B(1) and 139 -18E (but denies alternative relief under Section 139 -33A). Dated: February %4, 1988 Nantucket, MA 02554 Gc� — William R. Sherman i Andrew J. teddy, Jr. k� 1 C. Marshall Beal v NANTUCKET PLANNING BOARD �9 BROAD STREET NANTUCKET, MASSACHUSETTS 02554 -3593 v (617) 228 -9625 REPORT TO THE NANTUCKET BOARD OF APPEALS 9 February 1988 The following Board of Appeals applications were reviewed by the Planning Board at its 8 February 1988 meeting, and the following recommendations made: APPLICANT Siasconset Casino Association LOCATION New Street, Siasconset BOARD OF APPEALS FILE 019 -88 ZONING CODE SECTION 139 -8B(1) or 139 -33A RELIEF REQUESTED Special Permit sought to construct four tennis courts in central 'Sconset. PERTINENT FACTS AND ISSUES OF CONCERN PLANNING POLICIES AND CODE INTERPRETATIONS AFFECTED BY APPLICATION No off - street parking is proposed; applicant suggests that Section 139 -181 parking schedule excludes this use from a parking requirement. Notwithstanding applicant's interpretation of Section 139 -18I, tennis courts attract substantial traffic. A major impact on New Street should be expected. SUGGESTED MITIGATING 1. Dense screening to protect abutters' property. CONDITIONS SHOULD 2. Provision of at least two off - street parking BOA FAVOR APPROVAL spaces to reduce traffic impacts on New Street. Asphalt surfacing of parking spaces will produce less noise in this residential area than would 1 gravel. 3. Prohibition against any court lighting. BOARD RECOMMENDATION Favorable, subject to the above considerations SIASCONSET CASINO ASSOCIATION P.O. BOX 315, SIASCONSET, MASSACHUSETTS 02564 (617) 257-0566 January 29, :988 Dear Castro Neighbor: You will shortly be receiving notice from the Nantucket Board of Appeals of a hearing scheduled for February 16, 1988, at which they will review peand so of the Siasconset Casino Association. I would like to outline our proposal yo= S` =Fpocrt for it. The thrust of our proposal is to build four additional soft, fast - -drying tennis courts on a parcel of land across New Street from the Casino, just west of the Chanticleer. Our objective in undertaking this project is to assure that the village of Sconset will have a tennis court facility adequate for its needs for the next 20 to 30 years. It was that sort of foresight on the part of the Casino's founders that gave us the facility which has contributed so much to the ambiance and appeal of Sconset ever since. The existing facility is already cramped. For some years now we have been restricting new membership to residents of Sconset, and even with that limitation, we have roughly an eigh Stye r 1 it list which is maintain steadily growing. By adding these courts, the its traditional role as an integral part of the Sconset community. What prompts us to undertake this step now is an extremely generous offer which has been made to donate a portion of the land in question to the Sconset Trust, which in turn would lease that land at cost to the Casino. The only condition is that the Casino must promptly determine whether or not to accept this offer. In a separate portion of the land in question there are the maintenance buildings, abandoned gas station, and heavy trucking operation n of Kent a Coffin, In the he buildings will come down, the trucking will stop, parking 'll be property will ri landscaped. tfom the immediate neighbors. assure Therthat ill be no lighting. screened by privit Making this move now is the last chance we will have to increase the number of Casino tennis courts on nearly contiguous 'land. lease feel free tot you will support he in this effort. If you have any questions, p Casino Board members listed below. Sincerely, Michael A. F. Roberts, President CONTACTS: Michael A. F. Roberts (o)1 -212- 698 -6592 (h)1-203-629-2326 Fred S. McRobie (o)1- 914 -767 -7965 (h) 1 -203- 661 -8955 Lawrence C. McQuade (o) 1 -2; 2- 14..1411 (h) 1- 212 - 570 -0009 F. Helmut Weymar (0)1-609-924-6500 (h) 1 -609- 924 -4019 ZIi6