HomeMy WebLinkAbout066-97 •
o`tgorru IFe TOWN OF NANTUCKET
= M= BOARD OF APPEALS
•
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�"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
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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
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