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HomeMy WebLinkAbout066-97 • o`tgorru IFe TOWN OF NANTUCKET = M= BOARD OF APPEALS • i -fir- � �' �"MOO" NANTUCKET, MASSACHUSETTS 02554 Date: December /5" ' 1997 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 066-97 Owner/Applicant: SANKATY HEAD GOLF AND BEACH CLUB, INC . 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 . -. Da 111.111.neC!) 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 49 100 Sankaty Avenue Parcel No. 02 Siasconset, MA LUG-3 L.C. Plan 9548C File No. 066-97 Lot 2A Certificate of Title No. 1308 At a public hearing of the Zoning Board of Appeals, held at 1:00 P.M. on Friday, November 7, 1997 and at 11:00 A.M. on Tuesday, November 18, 1997 in the Selectmen's Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts on the application of the Sankaty Head Golf and Beach Club, Inc., of 100 Sankaty Road, Siasconset, Massachusetts 02564, Board of Appeals File No. 066-97, the Board made the following DECISION: 1. Applicant is seeking relief by Special Permit pursuant to Section 139-7D(4) of the Nantucket Zoning By-Law to expand an existing dormitory that was permitted by variance on June 10, 1983, Board of Appeals File No. 22-83. The dormitory, known as Fleming Hall, presently provides sleeping quarters for ten (10) persons and the applicant seeks a special permit to expand that facility to sleep eighteen (18) persons by reconfiguring the interior of the building, and by adding a wing, for a total additional ground cover of 956 square feet. 2. The premises are located at 100 Sankaty Road, Siasconset, Massachusetts, Assessor's Map 49, Parcel 02, Land Court Plan 9548C, Lot 2A, Certificate of Title No. 1308. The property is zoned LUG-3. 3. The DECISION is based upon the application and materials submitted with it and the testimony introduced the hearings. There were no letters in the file. The preliminary focus of the Board was of a jurisdictional nature. The question reviewed was whether applicant had crossed the 4,000 square foot commercial structure or use threshold imposed by Section 139-11 of the Nantucket Zoning By-Law. Crossing the threshold would put the project in the major commercial development category, jurisdiction over which is confined to the Planning Board. The applicant presented a letter to the Board analyzing the commercial structures that have been built and removed at the Club since 1979. In the case of applicant, the present count of commercial structures is 3,770 square feet and the MCD threshold has not yet been reached. Accordingly, jurisdiction remains with the Zoning Board of Appeals. 4. The Planning Board submitted its comments on November 18, 1997 which recommended approval of the site plan subject to certain conditions, some of which were adopted by the Board in its vote. 5. The site plan showing elevations, the structure, additions, parking and the relative position of Fleming Hall was approved by unanimous vote of the Board although the applicant could have done a better job in presentation of the information. The Board recognized that site plan review is a relatively new procedure but made it clear to the applicant that on future applications more exacting standards would have to be met. 6. The Board finds that expanded on-site housing for seasonal employees is in the best interests of the community and that the addition is harmonious with all of the dimensional and intensity regulations of the code, as well as the general purpose and intent of the Nantucket Zoning By-Law. In granting the requested relief, however, the Board requires that the applicant provide ten (10) additional parking spaces adjacent to Fleming Hall and a bicycle rack containing not less than nine (9) slots for bicycles. 7. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested relief under Zoning By-Law §139-7(D)4 to approve the expansion of Fleming Hall by 9560quare feet, the building thereafter to house a maximum of eighteen (18) persons, provided that applicant make available ten (10) additional parking spaces adjacent to Fleming Hall and that it have a bicycle rack for no less than nine (9) bicycles also available. -2- Dated: At Nantucket Cember If, 1997 kia4itv Dale W. Waine Linda F. Williams i Nancy Se rens Mi a-1 O. Mara RECEIVED ✓ �! TOWN CLERK'S OFFICE NANTUCKET, MA 02554 Timothy Madden DEC 1 8 1997 TIME: (jah)SANKATY/boadecis CLERK: -3- oExd%ruck.. TOWN OF NANTUCKET ZONING BOARD OF APPEALS • 37 WASHINGTON STREET %NA NANTUCKET, MASSACHUSETTS 02554 AGENDA A Public Hearing of the NANTUCKET ZONING BOARD OF APPEALS will be held at 1 :00 P.M. , FRIDAY, NOVEMBER 7, 1997 , in the Selectmen ' s Meeting Room, Town and County Building, Broad Street, Nantucket, Massachusetts, on the Application of the following: SANKATY HEAD GOLF AND BEACH CLUB, INC. BOARD OF APPEALS FILE NO. 066-97 Applicant is seeking a SPECIAL PERMIT under Nantucket Zoning By-Law 139-7D(4) (employer dormitory) , or in the alternative, a MODIFICATION of a VARIANCE granted in Decision 022-83 that allowed construction of a dormitory that now provides sleeping quarters for ten ( 10) persons. The Club now wishes to expand that facility to sleep eighteen ( 18) persons by reconfiguring the interior of the building and by constructing a 500 to 600 square-foot addition onto the easterly side of the structure. See also 017-75 , 001-83 , 061-89 , 045-90 and 06294. The premises is located at 100 SANKATY AVENUE, SIASCONSET, Assessor ' s Map 49, Parcel 2 , Land Court Plan 9548-C, Lot 2A. the property is zoned Limited-Use-General-III . r Dale W. Waine, Chairman RECEIVED TOWN CLERKS OFFICE NANTUCKET, MA 02554 OCT 2 2 1997 TIME: CLERK: THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE FORMATS. FOR ASSISTANCE CALL (508) 228-7215. • BoA. Form 1-89 NANTUCKET ZONING BOARD OF APPEALS , TOWN AND COUNTY BUILDING• 'Date NANTUCKET, MA 02554 Q CASE No. l� • APPLICATION FOR RELIEF Owner's name(s) : Sankaty Head Golf'and Beach Club, Inc. Mailing address: 100 Sankaty Avenue, P.O. Bort 293, Siasconset, MA 02564 Applicant's name: Sankaty Head Golf and Beach Club, Inc. Mailing address: 100 Sankaty Avenue, P.O. Box 293, Siasconset, MA 02564 • Location of lot: Assessor's map and parcel number 49- 2 Street address: Sankaty Avenue, Siasconset, MA 02564 Registry Land Ct Plan, litellImSkfcgamPt 9548C Lot Cert. No. 1308 LUG-3 Date lot acquired: 10 26 _,__ Zoning district Uses on lot - commercial: None or Private Golf Club ,Q MCD? ' - number of: dwellings duplex__ apartments__ .rental rooms_ Building date(s) : all pre-8/72? _ or C of 0?__ • Building Permit appl'.n. Nos. See Building Dates Addendum Case Nos. all BoA applications, lawsuits: 017-75; 01-83; 22-83; 061-89; 045-90; 062-94 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 _(;aj d. 139-33A if to alter• or-extend 'a nonconforming use) .' Yf peal per '•139-3),A &B , attach decision or order appealed. OK to attach addendum h. SEE ADDENDUM ATTACHED HERETO . • • . , , :• • if 4 • • Items enclosed as part of this Application: orderl addendum2 x Locus map x Site plan X showing present x +planne�Tc 'structures Floor plans present proposed_ elevations (HDC—approved? .) . Listings lot area frontage setbacks G-C-R— • parking data' Assessor-certified addressee Tilt 4 sets g mal g labels .,2 sets_ . $200 fee payable...to.._Tawn••of Nantucket• x proof.-1. . .'cap' bb�ienant (If an appeal, ask Town Clerk to send Bldg Cords record to BoA:T I certify that the requested information submitted is substantially complete and true.to the best of my knowledge, under the Rains and perralties o .4.41,:". Y. ' . SIGNATURE: A4 , .'j Applicant Attorney/agent x Edwi'd '. Vaug. a 3(If not owner or owner's attorney, enclose proof of authority) FOR Bo OFFICE USE Application copies recd: 4 ~ *or_ for BoA onw _Z y 6 w RECEIVED One copy filed with Town Clerk or:&e0_,� by complete:L./ TOWN CLERK'S OFFICE �' �-� NANTUCKET, MA 02554 . One copy each to planning Bd and Building De?t// tb $200 fee check given. Town Treasurer on"`)// 7 2b waived? OCT 2 2 1997 Hearing notice poste4 mailed ,2 I & M E' ti:, Hearing(s) on__/_/_ cont'd to_-/_/ , -_J_% withdrawn?—J..__/- LERK: Decision due by_/_/_ made_/_/ filed.TC_J__J mailed_/_ See related cases lawsuits other • ADDENDUM TO APPLICATION OF SANKATY HEAD GOLF AND BEACH CLUB, INC. The Applicant is seeking a Special Permit pursuant to Section 139- 7D(4) or, in the alternative, a modification of a variance pursuant to Section 139-32 to expand an existing dormitory. Applicant operates the private golf club on the approximately 137 acre site as a pre-existing, non-conforming use in the Limited-Use General-3 Zone. Applicant was granted a variance to construct a dormitory for certain of its summer employees on June 10, 1983. That dormitory, known as Fleming Hall, provides sleeping quarters for ten (10) persons. The Club now wishes to expand that facility to sleep eighteen (18) persons by reconfiguring the interior of the building and by adding a wing, shown in pencil on the attached site plan of approximately 500 to 600 square feet. The Town has encouraged employers to provide on-site housing for their seasonal employees through the employer dormitory provisions of the Zoning Code. The addition planned for this site is harmonious with all dimensional and intensity regulations of the Code as well as the Code's general purpose and intent. jah/SANKATY/addboa BOARD OF APPEALS Nantucket, Massachusetts DECISION: At a meeting of the BOARD OF APPEALS held on FRIDAY, MAY 27, 1983, in the Town and County Building, in the matter of the application of SANKATY HEAD GOLF CLUB, INC. , (22-83), the BOARD finds: 1. This is an application for a USE VARIANCE; the applicant seeks to construct a dormitory to house seasonal workers at the golf club Off Sankaty Road in Siasconset; the property is zoned LUG-3. 2. Based upon review of the application, supporting documents, plans and testimony at Public Hearing, the BOARD finds that dormitories are not permitted uses under the Nantucket Zoning By-Law and the applicant requires a variance to construct a dormitory on its property. Further, the topography of the subject property is irregular, hilly and does not affect generally the LUG-3 zoning district. The applicant proposes to provide inexpensive housing to female summer service employees. Such housing is already provided to male summer service employees. Electricity, water and adequate parking exist at the subject building site. Owing to the above specific topographical circumstances, a literal enforcement of the Zoning By-Law would cause the applicant a substantial hardship since its female employees would be deprived of adequate and inexpensive heuding. Moreover, the requested relief will not derogate or undermine the intent and purpose of the By-Law but will enhance the applicant's golf facility and contribute to the welfare of the citizens of Nantucket. 3. For the reasons set forth, the BOARD hereby GRANTS the applicant a VARIANCE to construct a dormitory in accordance with submitted plans on the express condition that the employees residing in the dormitory are supervised by the golf club and that hours of operation are limited to May 1 to October 15, by unanimous vote. Dated: Nantucket, Mass. :0 D OF APPEALS June /O , 1983 .�- • i a 1 / yI • v m 4.'4/ __ • 6,,A4-1_-' , /71 . / i i //ti 71 . \ '', ':,. i.. . '''' I . ' -----�` \ | - � - • -/� . � ' �/ '/ ) </' • .. j ' / \ k i / ' ' ` � \ '\\,1 '' ''''',\s) \ \ ) , V 11/I: --'�/--�- _\ - -- � -�'�x SITE PLAN \ `~~ ` .__ /_ , L'( . k -)' ' ..a4r^ \ `. / '. .-\ -. 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