HomeMy WebLinkAbout40-16 APPEAL DO NOT ISSUE-Sankaty Head Golf Club 100 Sankaty RoadNANTUCKET
'rOWN CLIERk.
2016 NOY 26 PH 2: 10
TOWN OF NANTUCKET
BOARD OF APPEALS
NAN'T'UCKET, MA 02554
APPLICATION
Fee: $450.00 File No. *&
Owner's name(s): SANKATY HEAD GOLF CLUB
Mailing address: P.O. Box 293; 100 Sankaty Road, Siasconset, MA 02564
Phone Number: 508- 257 -6391 E -M": kevin(q'vWhlaw.com
Applicant's name(s): Same
Mailing Address:
Phone Number: E -Mail:
Locus Address: Same Assessor's Map /Parcel: 49-2
Land Court Plan /Plan Book & Page /Plan File No.: Lot 2A - Plan No, 9458 -C
Deed Reference /Certificate of Title: 1308 _ ;Zoning District LUG -3
Uses on Lot- Commercial: None Yes (describe)
Residential: Number of dwellings 10 I,�M XxxXxxxxxxx m;s 3 Dormitories
Date of Structure(s): all pre -date 7/72 No or
Building Permit Numbers:
Previous Zoning Board Application Numbers: 022-83;061-89;062-94;066-97-1020-03;087-04;04-12
2 Fairgrounds Road Nantucket Massachusetts 02554
508- 228 -7215 telephone 508- 228 -7298 facsimile
State below or attach a separate addendum of specific special permits or variance relief applying for:
The Applicant seeks a Modification to prior Special Permits pursuant to Section 139- 33A(1) of the By -Law to construct
and occupy four (4) cottages for on -site employee housing. In the alternative, Applicant seeks a Modification of prior
Variance No. 022 -83 to construct and occupy said cottages for on -site employee housing.
I certify that the information contained herein is substantially complete and true to the
best of my knowledge, under the pains and penalties of perjury.
Sankaty Head Golf Club
SIGNATURE: f Owner*
Kevin F. Dale, Secretti
SIGNATURE: % — `applicant /Attorney /Agent'-
*If an Agent is representing the Owner or the Applicant, please provide a signed proof of agency.
OFFICE USE ONLY
Application received on:--J--J— By: Complete: Need Copies:
Filed with Town Clerk:—/—/— Plantung Board:_/ _/_ Building Dept.:—/—/— By:_
Fee deposited with Town Treasurer:—LL By:— Waiver requested:
Granted:,—J--J— Hearing notice posted with Town Clerk: —/_ /` Mailed:_/_j_
&—J—J— Hearing(s) held on: ___/_/_ Opened on :_ /_/_
Continued to:_ /___/_ Withdrawn:—j--j— Decision Due
Made:—/—/- Filed w /Town Clerk:_/_/_,_, Mailed:_/
2 Fairgrounds Road Nantucket Massachusetts 02554
508 -228 -7215 telephone 508 - 228 -7298 facsimile
VAUGHAN, DALE, HUNTER AND BEAUDETTE
PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
WHALER'S LANE
P.O. BOX 659
EDWARD FOLEY VAIIGRAN NANTUCKET, MASSACHUSETTS 02554 Wummy F. HUNT$$
KEVIN F. DALE OF COUNSEL
RICHARD P. BEAZiDETTE TEL: (508)228.4455
FAR: (508)228.3070
LORI D'ELIA
BRYAN J. SWAIN
November 9, 2016
BY HAND DELIVERY AND EMAIL
Eleanor Antonietti, Administrator
Nantucket Board of Appeals, PLUS
2 Fairgrounds Road .' C 2016
Nantucket, Massachusetts 02554
RE. Sankaty Head Golf Club
100 Sankaty Road
Siasconset, Massachusetts 02564
Dear Eleanor:
On behalf of my client, the Sankaty Head Golf Club ( "Sankaty "), enclosed
for filing is an application for a modification of prior Special Permits to allow for
the construction, use and occupancy of four (4) cottages on the golf course property
pursuant to Section 139- 33A(1) of the By -Law. The cottages would be used solely
to house Sankaty employees. In the alternative, Sankaty seeks a modification of
prior Variance No. 022 -83 to allow for the construction, use and occupancy of the
cottages by its employees.
In support of this application, I enclose the following:
1) Signed Application
2) Addendum
NOV 0 9 2016 A
Fl:
3) Locus Plan
4) Proposed Site Plan (Showing Proposed Conditions)
5) Certified Abutters List
6) Two (2) sets of mailing labels; and
7) Filing fee check in the sum of $450.00 made payable to the "Town
of Nantucket"
Please schedule the matter for hearing before the Nantucket Board of Appeals on
December 7, 201.6 and call me with any questions or concerns at 508 -228 -4455. I
will email the completed application as a single document in PDF format later
today. Thank you.
Sincerely,
Enc.
Cc: Charles Pagnam, President
Mark Kohler, General Manager
ADDENDUM "A"
SANKATY HEAD GOLF CLUB
Sankaty Head Golf Club ( "Applicant ") seeks a modification of Special Permit Nos. 022-
83; 061 -89; 062 -94; 066 -97; 020 -03; 087 -04 and 04 -12 pursuant to Section 139- 33A(1) of the
By -Law to alter and expand a pre- existing, non - conforming use to construct, maintain and
occupy four (4) cottages to be used solely for golf course employee housing on the southeast
portion of the Applicant's property located at 100 Sankaty Road, Siasconset, Massachusetts
02564, shown as Lot 2A on Land Court Plan No. 9548 -C and Parcel 02 on Nantucket Assessor's
Map 49 ( "Property"). The Property is zoned Limited Use Genral -3 ( "LUG -3 ").
The Property has an area of approximately 126.58 +/- acres and includes a private golf
course which was constructed in 1921. The Property also includes a Golf Club House, Cart
Barn, Maintenance Building, Garage, three (3) employee dormitories, three (3) separate dwelling
units, and a seven (7) building caddie camp residential buildings. The existing golf course is a
pre- existing and non - conforming private recreational facility. The three (3) dwelling units, three
(3) employee dormitories and seven (7) caddie camp buildings are non - conforming because they
exceed the allowable number of dwelling units in the LUG -3 Zoning District which allows a
maximum of two (2) dwelling units on a lot.
Applicant proposes to construct four (4) cottages on the Property which will be used to
provide on -site housing to Applicant's employees, together with two (2) separate six (6)
bedroom septic systems and a central parking lot for twelve (12) vehicles as shown on the
submitted plan prepared by Blackwell & Associates, Inc. dated October 30, 2016, #13 -8020.
By providing the proposed on -site housing for its employees, Applicant will contribute to
the best interests of the Nantucket Community. Applicant's employees will live on the Property,
lessening the pressure on the meager summer rental market available to island employees and
eliminate additional summer traffic caused by Club employees driving to and from the Club to
rental housing in Town. In its prior Special Permit Decision No. 066 -97, the Board expressly
found that "... expanded on site housing for seasonal employees is in the best interests of the
community ..." The construction and use of the proposed four (4) cottages by the Applicant's
employees will not be substantially more detrimental to the neighborhood than the existing pre-
existing, non - conforming private golf course and will enhance the Nantucket Community by
providing desperately needed on -site employee housing, thereby reducing summer traffic and
pressure on the Nantucket rental housing market which lacks sufficient affordable summer
housing for workers.
In the alternative, Applicant seeks a modification of Variance No. 22 -83 which allowed
Applicant to construct a dormitory to provide housing for its seasonal employees. In this
Variance Decision, the Board expressly found the requisite criteria to grant Applicant a
Variance, including the unique topography of the Property and the substantial hard ship
Applicant faced based upon its inability to provide its employees with adequate and affordable
on -site housing. Similarly, by providing its employees with on -site housing in the four (4)
proposed cottages, Applicant will avoid a substantial hardship arising from the lack of available
seasonal and affordable rental housing on Nantucket for its employees.
For these reasons, Applicant seeks a Modification of prior Special Permits pursuant to
Section 139 -33A (1) of the By -Law to construct, maintain and use four (4) cottages for on -site
employee housing. In the alternative, Applicant seeks a Modification of Variance No. 22 -83
pursuant to Section 139 -32 of the By -Law to allow for the construction, use and occupation of
four (4) proposed cottages for on -site employee housing.
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THE COMMONWEALTH OF MASSACHUSETTS
City or Town
BOARD OF APPEALS
Date:
Certificate of Granting of Variance or-F s l?er.�
(General Laws Chapter 40A, Section 11)
/C� , 19 Y3
The Board of appeals of the City or Town of A14A17Ye_' X 9 7 /t�i�SS�4C! -fU5 TTY
hereby certifies that a Variance or Speeial Por. t has been granted
To si 1c�-7i Ilef40 666- -F ,d _zAle,
Address `S,414 �i y A04_1'1�11
City or Town
c0Nsg7-
cfHVS�_;7 73 02- 5'9,
affecting the rights of the owner with respect to land or buildings at
Si� ca S� i #51 a2s�S.4N1<*7Y I& oA6, T M 4
And the said Board of Appeals further certifies that the decision attached hereto is a true and
correct copy of its decision granting said variance — it, and that copies of said
decision, and of all plans referred to in the decision, have been filed with the planning board and
the city or town clerk.
The Board of Appeals also calls to the attention of the owner or applicant that General Laws,
Chapter 40A, Section 11 (last paragraph) provides that no variance or special permit, or any ex-
tension, modification or renewal thereof, shall take effect until a copy of the decision bearing the
certification of the town or city clerk that twenty days have elapsed after the decision has been
filed in the office of the city or town clerk iand no appeal has been filed or that, if such appeal has
been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county
and district in which the land is located and indexed in the grantor index under the name of the
owner of record or is recorded and noted on the owner's certificate of title. The fee for such recor-
ding or registering shall be paid by the owner or applicant. 2�v�
Chairmad
Clerk
FORM 1094 HOBBS &WARREN, INC., REVISED
DECISIONS
BOARD OF APPEALS
Nantucket, Massachusetts
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 findst
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 HOARD 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 housing. 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,
iAtea: lrantucxet, r
June /p , ]
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T 49348
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
THE BOARD OF APPEALS, at a public hearing held on Friday,
November 3, 1989 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. (061 -89) of 100 Sankaty Avenue,
Siasconset, Massachusetts 02564.
1. Applicant seeks a Special Permit pursuant to Section
139 --33A to alter a pre - existing, non - conforming private golf
course use on the site and Section 139 -22H granting permission
to construct a new employer dormitory for fourteen (14) male
employees and expand an existing four (4) man dormitory (the
"Bug House" a /k /a the greenskeeper cottage) to sleep ten (10)
employees. The property is located at 100 Sankaty Avenue,
Assessor's Map and Parcels 49 -002 et al, and shown as Lot 2A on
Land Court Plan 9548 -C as evidenced by Certificate of Title No.
1308 at the Nantucket Registry District for the Land Court. The
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proper. tv is zoned LIMITED U,'-"E GEN"ERAL� -3.
.
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2. Based upon the application, a three (3) sheet set of
floor and elevation plans prepared by Bentley and Churchill, /
- Architects, the access/ and parking sites for each of the !�
structures Ashfown on the Bentley and Churchill plans and
testimony presented at the public hearing, the Board finds that
the expansion of the existing Bug House and the construction of
a new dormitory for male employees is in keeping with
49348
Nantucket's continuing need for employers to provide appropriate
housing on site for their employees. Further, the project
complies with the ground cover and setback requirements of the
zoning by -law.
3. The Board finds that the Applicant qualifies for
Section 139 -22H Special Permit as the provision of housing by
employers for their employees is in harmony with the general
purpose and intent of the zoning code, provided, however, that
the new structure and expandedr dormitory are constructed
substantially in conformity with the plans submitted to the
Board and marked as Exhibit Ay lAic -- +�/�j�
4.✓ Accordingly, by UNANIMOUS vote, this Board grants to
the applicant the requested Special Permits under Sections
139 -33A to alter a pre - existing, non- conforming use and under
Section 139 -22H to provide a new employer dormitory
an existing employer dormitory on the site
Dated: Nantucket10 MA
November 14, 1989
William R. Sherman
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TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET. MASSACHUSETTS 42554
Date: September 19 94
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of-the
following:
Application No.:
Owner /Applicant:
062 -94
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.
Dale W. Waine - Chairman
cc: Town Clerk
Planning Board
Building Commissioner
Assessor's Map 49
Parcel 002
LUG -III
TOWN OF NANTUCKET 066168
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
100 Sankaty Rd., Siasconset
Land Court Plan 9548 -C
Lot 2A
Cert. of Title #1308
At a Public Hearing of the Zoning Board of Appeals, held at
1:00P.M., Friday, September 9, 1994 in the Selectmen's Meeting Room,
Town and County Building, Broad Street, Nantucket, Massachusetts, on
the Application of SANKATY HEAD GOLF AND BEACH CLUB, INC., of P.O.
Box 293, Siasconset, MA 02564, Board of Appeals File No. 062 -94, the
Board made the following Decision:
1. Applicant is seeking relief by Special Permit under Nantucket
Zoning By -Law §139 -71)(4) (employer dormitory), and, to the extent
J necessary, under §13-9 -33A, (alteration or extension of a
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pre- existing, nonconforming use, private golf course). Applicant
proposes to demolish four (4) "Quonset Hut" type structures
currently being used to house caddies and staff members, and replace
v them with five (5) new structures, that will provide housing for
sixty (60) caddies and four (4) staff members. The new structures
will met( all building and health code requirements.
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The premises is located at 100 SANKATY ROAD, SIASCONSET,
Assessor's Map 49, Parcel 002, as shown on Land Court Plan 9548 -C,
Lot 2A. The property is zoned Limited Use General -III.
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2. The Decision is based upon the Application and materials
submitted with it and the testimony, evidence and photographs
submitted at the Hearing. There were no letters in the file and the
Planing Board made a favorable recommendation stating that the
improvements would be better than what currently existed on the site.
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3. Applicant represented that the four (4) current structures
(metal quonset huts), that housed caddies and staff for the Golf
Club, were pre- existing and non - conforming and did not meet building
or health codes. The structures have no indoor bathroom facilities
and to accommodate the same number of employees, 60 caddies and 4
staff members, they needed to construct five buildings in order to
meet all codes and include sanitation facilities in each structure.
The wood frame structures would be built substantially on the same
sites as the huts and would meet all scalar requirements, i.e.,
maintaining the 12 foot separation between dwelling units. Applicant
further represented that they would meet all setback and ground cover
requirements though there would be an increase in the ground cover.
4. Applicant stated that the Sankaty Head Golf and Beach Club,
(062 -94) -2- 066168
InQ. owns the land on which the structures were situated, but that the
Sankaty Foundation, a non - profit organization, leases the land and
actually owns any improvements on it, i.e., the huts and any new
structures.
5. The Board finds that the uses pre -date zoning and that
demolition of four (4) quonset huts and construction of five (5) new
buildings would not be substantially more detrimental to the
neighborhood and is in harmony with the purpose and intent of the
Nantucket Zoning By -Law.
6. Accordingly, by a unanimous vote, the Board GRANTS the
requested relief under Zoning By -Law § 139 -7D(4) and §139 -33A to
allow the demolition of the four (4) quonset huts and construction
five (5) new structures under the following conditions:
A. The proposed structures shallkbuilt in substantial
conformance with the Historic District Commission's Certificates of
Approval #25,637, #25,638, #25,639, #25,640 and #25,641; and
B. The siting and uses of the structures shall be in
substantial conformance with Exhibit "A" on file in the Board of
Appeals and the uses shall be as follows:
Buildings A, B and C shall be for dormitory uses,_
- Building D shall be for kitchen and dining uses; and
Building E shall be for multipurpose /recreational uses.
Dated: September ,23 , 1994
RECEIVED
TOWN CLERK'S OFFICE
NANTUCKET, MA C2554
5 E P 23 1994
TIME: 1 6 4 0 4—
CLERK:
T 11T .
A='Fr.AL rii sutl:.rl.filttu;.
40 A. 3ECTION 11
14 ClAK
T GZcILr'!�w
III.
Da V. Waine r
wC. �
Linda F. Williams
am-AA"—
Ann B1 . L""/
M i cTS4 el 'Mara
Nancy Sevrens
0'78722
NANTUCKET ZONING BOARD OF APPEALS
37 Washington Street
Nantucket, Massachusetts 02554
Assessor's Map 49
Parcel No. 02
LUG -3
File No. 066 -97
100 Sankaty Avenue
Siasconset, MA
L.C. Plan 9548C
Lot 2A
Certificate of
Title No. 1308
At a public hearing of the Zoning Board of Appeals, held at 1:00 P.M.
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
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
JBoard
and Beach Club, Inc., of 100 Sankaty Road, Siasconset, Massachusetts 02564,
of Appeals File No. 066 -97, the Board made the following DECISION:
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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
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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
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that facility to sleep eighteen (18) persons by reconfiguring the interior of the
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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
078'722
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.
d. 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 9561square 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
*;ember IF', 1997
V�� I �&�
Nancy Se revs
-1
Timothy Madden
Qa6)SANKATYnboaeecu
-3-
0'78'722
14
Linda F. Williams
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Mi l:Ot Mari
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REM AD
TOWN CLERK'$,IOFFIOE^
NANTUCKET, MA 02584
,DEC 18 199
TIME:
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40 A, SECTit�( »- y .• T N,CLE
0'78'722
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: December /511 , 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 . Waine 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 ACCORDINT TO NANTUCKET
ZONING-BY -LAW §139 -30I (SPECIAL PERMITS); §139 -32I (VARIANCES)
ANY QUEST-tONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS.
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0000119
NANTUCKET ZONING BOARD OF APPEALS
I East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49/Parcel 002
100 Sankaty Road, Siasconset
Limited - Use - General -3
DECISION:
Land Court Plan 9548 -C, Lot 2A
Cert. of Title 1308
101766
1. At a Public Hearing of the Nantucket Zoning Board of Appeals, held on Friday, March
14, 2003, at 1:00 P.M., in the Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following Decision on the Application of
SANKATY HEAD GOLF AND BEACH CLUB, INC' AND FOR SANKATY HEAD
FOUNDATION, of PO Box 293, Siasconset, MA, 02564 and PO Box 875, Siasconset, MA
02564, respectively, Board of Appeals File No. 020 -03:
2. Applicants are seeking a MODIFICATION of the SPECIAL PERMIT granted in the
Decision in BOA File No. 062 -94, which granted relief under Nantucket Zoning By -law Section
139 -7D(4) (employer dormitory) and to the extent necessary, under Section 139 -33A
(alteration/expansion of a pre - existing nonconforming use /structure) as some of the dormitories
did not themselves contain kitchen units, but just sleeping quarters and sanitation facilities, and
another contained a central eating facility with no dwelling unit contained therein. Applicants are
now seeking to construct a new about 520 square -foot dormitory that would house up to six
employees, specifically caddies. The Caddie Camp is used in conjunction with the Sankaty Head
Golf and Beach Club, a private entity. To the extent necessary, Applicants are also seeking relief
by SPECIAL PERMIT under Section 139 -18 to waive any additional parking requirements as
the caddies are prohibited from bringing cars to the camp.
The Premises is located at 100 SANKATY ROAD, SIASCONSET, Assessor's Map 49,
Parcel 002, Land Court Plan 9548 -C, Lot 2A. The property is zoned Limited - Use - General -3.
3. Our Decision is based upon the Application and accompanying materials, and
representations and testimony received at our public hearing. The Planning Board made no
recommendation, as the matter was not of planning concern. There were no letters on file. No
testimony in favor or in opposition to the Application was presented at the public hearing.
4. The representative for the Applicants stated that the Applicants were granted Special
Permit relief in the Decision in BOA File No. 062 -94 in order to be allowed to demolish four
existing "Quonset Huts" that were being used as dormitories and replace them with five new
structures, that would provide housing for up to sixty caddies and four staff members. That work
was done. Applicants now seek relief by Modification to construct a additional dorm that would
house up to six caddies and would contain sanitation facilities but not contain a kitchen. There
would be no violation of any of the dimensional requirements of the Zoning By -law. In addition,
Applicants are seeking relief from the parking requirements due to the fact that caddies are
prohibited from bringing cars to the Island and are either transported in the Club's vehicles or
used public transportation. There is an existing parking area adjacent to the site for staff parking.
The dorms are used for housing caddies only during the summer months. Applicants stated that
there would be little impact upon the neighborhood as the site of the Caddies Camp was in the
interior of a multi -acre parcel and not proximate any residential uses.
** a /k /a SANKATY HEAD GOLF CLUB
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101766
5. Therefore, based upon these facts, the Board of Appeals finds that the addition of the
about 520 square -foot dormitory that would house up to six additional caddies as proposed
would not be substantially more detrimental to the neighborhood than what previously existed
and the Modification would create little impact upon the area, and waiver of the parking would
also be in harmony with the general purpose and intent of the Zoning By -law and not contrary to
any traffic and safety concerns.
6. Accordingly, by UNANIMOUS vote, the Board GRANTS the requested
MODIFICATION of the previously granted relief by SPECIAL PERMIT in the Decision in
BOA File No. 062 -94, under Nantucket Zoning By -law Section 139 -71)(4) and Section 139 -33A
and GRANTS SPECIAL PERMIT relief under Section 139 -I8, to be allowed to construct an
about 520 square -foot dormitory that would contain sanitation facilities, but no kitchen, and
sleep up to six caddies, upon the following express conditions, which also incorporates by
reference the conditions contained in the Decision in BOA File No. 062 -94:
a. The construction of the new dormitory shall be performed in substantial
conformity with the plan prepared by John Shugrue, dated June 6, 1995, as
marked by the Applicants, indicating the approximate location of the new
dormitory, a reduced copy of which is attached hereto as new Exhibit A.
b. The addition shall be done in substantial conformity with the Certificate of
Appropriateness No. 40,564 as approved by the Nantucket Historic
District Commission, as may be amended.
7. By UNANIMOUS vote, the Board waives the site plan review under Nantucket
Zoning By -law Section 139 -23 for this proje9t. �l
Dated: Marchf 9, 2003
Nancy J. Sevre c .,
C. Richard Loft' -°
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11030'7
TOWN OF NANTUCKET
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
Date: (�e� �� 200-
To: Parties in Interest and.Others concerned with the
Decision of the BOARD OF APPEALS in the Application of the
following:
Application No.:"j -a y� -
Owner /Appl,icant: c&n- QCQ tdu
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 puns -aa.At 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 days 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.
-y• �' S� 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.
000098
NANTUCKET ZONING BOARD OF APPEALS
One East Chestnut Street
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 2
100 Sankaty Road
Limited Use General -3
DECISION:
11030'7
Land Court Plan 9548 -C
Lot 2A
Certificate of Title No. 1308
1. At a public hearing of the Nantucket Zoning Board of
Appeals, on Friday, December 10, 2004, at 1:00 P.M., in the
Conference Room, in the Town Annex Building, 37 Washington
Street, Nantucket, Massachusetts, the Board made the following
decision on the application of SANKATY HEAD GOLF CLUB, c/o Reade,
Gullicksen, Hanley & Gifford, LLP, Post Office Box 2669,
Nantucket, Massachusetts 02584, File No. 087 -04:
2. The applicant is seeking MODIFICATION of the VARIANCE
relief granted in the decision in Board of Appeals File No. 022-
83, as modified by SPECIAL PERMIT relief granted in the decision
in File No. 066 -97, which allowed the construction of an employer
dormitory known as "Fleming Hall ", and its expansion to house up
to eighteen persons. The applicant proposes to construct an
addition to the building that would not increase the total number
of occupants, but would enable an increase in the number of
single rooms. All dimensional requirements of the Nantucket
Zoning By -law would be met. [Although relief was originally
granted by variance, the modification in File No. 066 -97 and the
present application are brought pursuant to By -law §139- 7.D(4).1
The locus is situated at 100 SANKATY ROAD, SIASCONSET, Assessor's
Map 49, Parcel 2, is shown on Land Court Plan 9548 -C as Lot 2A,
and is situated in a Limited Use General -3 zoning district.
3. Our decision is based upon the application and
accompanying materials, and representations and testimony
received at our public hearing. There was no Planning Board
recommendation, on the basis that no matter of planning concern
was presented. There was no support or opposition presented at
the public hearing.
4. As presented by the applicant's representatives, the
proposed work consists of alteration of an existing employer
dormitory structure on Sankaty Head Golf Club property, used
primarily for housing golf professionals, in order to increase
the number of single rooms while not affecting the total number
of occupants, which was allowed by a previous grant of relief for
up to 18 employees. The Club's manager explained that this would
also facilitate the hiring and housing of female professional
golf staff by providing additional privacy and bathroom
facilities. Approval for the proposed changes has been granted
1
• 00001
11430'7
by "the Nantucket Historic District Commission ( "HDC ") in its
Certificate of Appropriateness No. 44759.
5. Based upon this presentation, the Board of Appeals, by
UNANIMOUS vote, made the finding that the proposed alteration to
the subject structure would be in harmony with the purpose and
intent of the By -law, and accordingly, by the same UNANIMOUS
vote, GRANTED the requested MODIFICATION to the existing variance
and special permit in order to alter the structure as proposed,
subject to the following conditions:
(a) The alteration of the structure shall be conducted
in substantial conformity to the plans approved by the HDC in
Certificate of Appropriateness No. 44759, as may be amended; and
(b) The total number of employees housed in the
structure shall not exceed eighteen at any given time.
Dated: December 15-, 2004
1 CT p?IFY' ILAT M DAB'S HAVEE E1.02M A PM
HE DBCURON WAS F M LN 1hT- OrFjLt Op Tltl
JAN 0 5 2005
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Date: May 30, 2012
To: Parties in Interest and Others concerned with the Decision of
The Zoning Administrator in the Application of the following:
Application No:
Owner /Applicant:
04 -12
Sankatv Head Golf and Beach Club, Inc.
Enclosed is the Decision of the Zoning Administrator which has
this day been filed with the office of the Nantucket Town Clerk.
An Appeal from this Decision to the Zoning Board of Appeals may be
taken pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(3)
Any action appealing the Decision must be brought by filing a
notice of appeal, specifying the grounds thereof, with the Town
Clerk, pursuant to Nantucket Zoning Bylaw Section 139- 29.C.(6)
Johrz"� Brescher
Zoning Administrator
cc: Town Clerk
Building Commissioner /Zoning Enforcement Officer
I CERTIFY THAT,16 DAYS HAVE E I.rtil'S1:1) AFTER
THE MOON WAS FILED IN THE OFHO' OF THE
TOWN CbERLAND THAT NO.APPEAL HAS BEEN
FILED, PURS TTO.GENERAL LAWS40A,SECTION It
9 TOWN CLERK
AIIES -F; AjRUE COPY
NANTUCKET TOWN CLERK
NANTUCKET ZONING ADMINISTRATOR
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 2
100 Sankaty Road Certificate of Title No. 1308
Limited Use General - 3 Plan File 9458 -C, Lot A
DECISION:
1. Upon review of the application submitted by the
Applicant and the building department file of the
above- referenced property, it was determined by the
Zoning Administrator that pursuant to Nantucket Zoning
Bylaw Section 139- 33.A.(3)(a), the proposed alteration
of the structure will not increase the nonconforming
nature of the structure.
2. The Applicant is proposing to increase the ground
cover of the new Caddy Camp Mess Hall from 1,264 +/-
square feet to 1,325 +/- square feet. Said structure
is an accessory use on the Locus and the proposed
addition will not contain any habitable space.
3. The structures on the Locus conform to the intensity
regulations of the Zoning Bylaw; however, the uses on
the Locus are preexisting nonconforming to the Limited
Use General - 3 zoning district and have the benefit
of special permit relief. The private golf club on
the Locus is a preexisting nonconforming use; the
eight (8) dwellings and the caddy dormitories on the
Locus all have special permit relief.
4. Therefore, because there is no increase in habitable
space to the any of the structures on 'the Locus, the
increase in ground cover-of_ the Mess_ Hall structure
from 1,264 +/- square feet to 1,325 +/- square feet as
shown on the plan entitled, "As -Built Plot Plan,"
prepared Emack Surveying, dated April 10, 2011,
attached hereto as "Exhibit A ", will not increase the
nonconforming nature of the structure on the Locus.
Ji B. Brescher
B.
Administrator
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3 10 -30 -16 ADD DELINEATED WETLAND LCA BLACKWELL & ASSOCIATES. Inc 100SANKATYROAD, OFF ISOBEIS WAY- SIASCONSET
2 9 -26-16 REV. LIMIT OF CLEARING LCA PROFESSIONAL LAND SURVEYORS 6 CNIL ENGINEERS prepared for: SANKATY GOLF CLUB; NANTUCKET, MASSACHUSETTS
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(wl l `"`B L SHEET 1 OF 1 B -8020
NO. DATE DESCRIPTION BY rya p�k� �n �� q,
Town of Nantucket
Zoning Board of Appeals
'00 zoo
SFp2 �FSSO9s
Nero ���16
LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF:
s00" h"p KOLA- cXv13
PROPERTY OWNER..— .................................. ...............................
MAILING ADDRESS ... pO. 3� .. /PD S�V/tC*j,/ i40 f %(V4iI F4 �1
f.............
.............., r�PROPERTY LOCATION...... � ff¢
............
ASSESSOR MAP/PARCEL...... 1�..... . .............. ................. .
SUBMITTEDBY ....................... . .................. ... A- / . ...... .
SEE ATTACHED PAGES
I certify that the foregoing is a list of all persons who are owners of abutting
property, owners of land directly opposite on any public or private street or way;
and abutters of the abutters and all other land owners within 300 feet of the
property line of owner's property, as they appear on the most recent applicable tax
list (M.G.L. c. 40A, Section 11 and Zoning Code Chapter 40A, Section 139 -29B
(2).
4�14/6
DATE
-'.. —P., I L
ASSESSOR'S O FICE
TOWN OF NANTUCKET
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MASSACHUSETTS AUDUBON SOCIETY MASSEY CRAIG & POPPI E G TRS WELLS JOSEPH L & ERIKA A TRST
153 HUMMOCK POND RD P 0 BOX 270806 WELLS NOMINEE TRUST
NANTUCKET, MA 02554 HOUSTON „TX 77277 1 WEST EDITH AV UNIT B206
LOS ALTOS, CA 94022
48
KORENG01 D DANIEL L TRST
D & M BAXTER ROAD NOM TRUST
101 EAST MELROSE STREET
CHEVY CHASE, MD 20815
48
GIFFORD WHITNEY A
CIO GRETZ HANNAH J
940 EAST DEERPATH RD
LAKE FOREST, IL 60045
48
GIFFORD WHITNEY A TRST
C/O CRONIN CAROL
19 MAYO AVENUE
ANNAPOLIS, MD 21403
48
WEBB ALEXANDER III & LAURA R
91 PINCKNEY ST
BOSTON, MA 02114
48
KORENGOLD DANIEL L TRST
D & M BAXTER ROAD NOM TRUST
101 EAST MELROSE STREET
CHEVY CHASE, MD 20815
48
DIPPELL MARTHA L TRST ETAL
DLKMLD NOM TRUST
101 EAST MELROSE ST
CHECY CHASE, MD 20815
48
GIFFORD WHITNEY A TRST
C/O GRETZ HANNAH J
940 EAST DEERPATH RD
LAKE FOREST, IL 60045
49
MASSACHUSETTS AUDUBON SOCIETY
153 HUMMOCK POND RD
NANTUCKET, MA 02554
49
GUIDO LAURANCE J MD FACS ETAL
73 A SNAPPER LANE
KEY LARGO, FL 33037
49
MANERA JOHN TRUSTEE ETAL
C/O 86 BAXTER ROAD LLC
244 WEYBOSSET STREET
PROVIDENCE, RI 02903
49
WERLE KEVIN C & WENDY E
I I OLD STONE CROSSING
WEST TIMSBURY, CT 06092
49
MASSACHUSETTS AUDUBON SOCIETY
153 HUMMOCK POND RD
NANTUCKET, MA 02554
49 49
ST CLAIR DAVID W & EVALYN A TRST SANKATY HEAD GOLF CLUB INC
31 SUNCLIFF DR PO BOX 293
TARRYTOWN, NY 10591 SIASCONSET, MA 02564
49
SCONSET TRUST INC
P0 BOX 821
SIASCONSET, MA 02564
49
GPJ INC
C/O MEADE JULIE
4 BACON CT
BRONXVILLE, NY 10708
49
GABLES REALTY TRUST
C/0 GIRARD RUDDICK
40 BROWNELL STREET
WARREN, RI 02885
49
RUDDICK J PERRY & SUSAN H TRST
A SEPARATE PEACE TR -J MEADE
4 BACON COURT
BRONXVILLE, NY 10708
49
HUNTER JULIET F
PO BOX 358
SIASCONSET, MA 02564
49
WHITELEY JEANNE S
C/O JEANNE WULLSCHLERGER
11872 SE VILLAGE DR
TEQUESTA, FL 33469
49
STARBUCK ROBERT F & SUSAN A
82 LARCHWOOD DR
CAMBRIDGE, MA 02138
49
MACDOUGALL LOUISE TR
MACDOUGALL LIVING TRUST
495 VALLEY CLUB RD
SANTA BARBARA, CA 93108
49
WALLACE WILLIAM F & SUZANNE M
39 BROAD BROOK RD
BEDFORD HILLS, NY 10507
49
WALLACE WILLIAM F & SUZANNE M
39 BROAD BROOK RD
BEDFORD HILLS, NY 10507
49 49 49
SANKATY HEAD GOLF CLUB INC ROOSEVELT KERMIT TRST SINGER ELIZABETH
PO BOX 293 NIMZO NOMINEE TRUST 674 AD HOC RD
SIASCONSET, MA 02564 P 0 BOX 616 GREAT FALLS, VA 22066
SIASCONSET, MA 02564
SEE ATTACHED
PIERCE ATWOOD a NICHOLAS P. BROWN
100 Summer Street
Boston, MA 02110
617.488.8145
617.824.2020 fax
nbrown @pierceatwood.com
www.pierceatwood.com
Admitted in: MA, NY, RI
March 27, 2017
l Q y
Via Hand Delivery
Catherine Flanagan Stover, Town Clerk rQ G
Nantucket Town Clerk's Office C`
16 Broad Street _0
Nantucket, MA 02554
Re: Kevin Werle and Wendy Werle v. Nantucket Zoning Board of Appeals, et al. p
Docket No. 17 -MISC- 000155
Dear Clerk Stover:
Pursuant to G.L. c. 40A, § 17, please take notice that the enclosed Complaint has been filed
with the Land Court appealing the decision of the Nantucket Zoning Board of Appeals dated
March 8, 2017 regarding File No. 40 -16.
A copy of the Complaint and Civil Cover Sheet, as filed with the Land Court, are attached.
Also enclosed is a copy of this cover letter to be date - stamped and returned to my
attention.
Thank you for your assistance with this matter.
Sincerely,
Nicholas P. Brown
NPB /lh
Enclosures
PORTLAND, ME BOSTON, MA PORTSMOUTH, NH PROVIDENCE, RI AUGUSTA, ME STOCKHOLM, SE WASHINGTON, DC
Commonwealth of Massachusetts
Land Court
Department of the Trial Court
Case No.
Civil Cover Sheet
First Plaintiff Kevin Werle First Defendant Edward S. Toole
Locus Address /Description Sankaty Head Golf Club, 100 Sankaty Road City /Town Nantucket
Instructions
Part I - To Be Completed by Plaintiff(s)' Counsel:
FOR ALL MISCELLANEOUS CASES (EXCEPT cases filed pursuant to Servicemembers Civil Relief Act):
and
1. Using the list below, please number, with the Number 1, the main cause of action on which you base
your complaint.
2. Place an "X" next to each other cause of action in your complaint.
and
3. Is this complaint verified? ❑ Yes FX� No
and
4. Are there any related cases filed in the Land Court Department ? ❑Yes QNo
If yes, please provide the Case No.(s) :
I
ZAC
Appeal from Zoning/Planning Board
G. L. c. 40A, § 17
Z.AD
Appeal from Planning Board
G. L. c. 41, § 81BB
ZJA
Validity of Zoning
G. L. cc. 240, § 14A, 185, § 10 'h)
ZEN
Enforcement of Zoning
G. L. c. 40A, § 7
COT
Remove Cloud on Title
G. L. c. 240, § 6 - 10
DOM
Discharge of Old Mortgage
G. L. c. 240, § 15
LVT
Affirm Tax Foreclosure - Land of
MAN
Low Value - G. L. c. 60, § 80B
MTB
Try Title
G. L. c. 240, § I - 5
MWA
Recover Freehold Estate (Writ of
EQA
Entry) - G. L. c. 237
MRC
Determine Validity of Encumbrances
AHA
G. L. c. 240, § 11 - 14
Enforce Restrictions
CER
G. L, c. 240, § 10A - 10C
09/2013 - 1 -
MAD
Determine Fiduciary Authority
G. L. c. 240, § 27
PAR
Partition
G. L. c. 241
RED
Redemption
G. L. c. 60, § 76
SP
Specific Performance of Contracts
G. L. c. 185, § I (k)
MBF
Determine Municipal Boundaries
G. L. c. 42, § 12
MFE
Determine Boundaries of Flats
G. L. c. 240, § 19
CNC
Certiorari - G. L. c. 249, § 4
MAN
Mandamus - G. L. c. 249, § 5
THE
Trespass to Real Estate Involving
Title - G. L. c. 185, § 1 (o)
Equitable Action Involving Any
EQA
Right, Title or Interest in Land
G. L. c. 185, § 1 (k)
AHA
Affordable Housing Appeal
G. L. c. 40B, § 21
OTA
Other
Part II - Uniform Counsel Certificate - to be filled out by Plaintiff(s)' Counsel at the time of initial filing. All
other counsel shall file within thirty (30) days of initial entry into the case, whether by answer, motion, appearance
or other pleading.
FOR ALL MISCELLANEOUS CASES (EXCEPT Mortgage Foreclosures under the Servicemembers Civil
Relief Act)
I am attorney -of- record for: Kevin Werle and Wendy Werle
❑
X Plaintiff ❑Defendant in the above - entitled matter.
If Defendant(s) Attorney, please provide Case No.
A. In accordance with Rule 5 of the Supreme Judicial Uniform Rules on Dispute Resolution (SJC Rule 1:18)
which states in part: "... Attorneys shall: provide their clients with this information about court- connected
dispute resolution; discuss with their clients the advantages and disadvantages of the various methods of
dispute resolution; and certify their compliance with this requirement on the civil cover sheet or its
equivalent ..."
B. In accordance with Land Court Standing Order 1 -12, I certify that I am aware of the requirement to,
"...serve a copy of the "Limited Assistance Representation (LAR) Information Sheet" upon all defendants
at the same time as service of the summons, complaint, and civil cover sheet is made ", and I will comply
with this requirement.
I hereby certify my compliance with these requirements.
r
BBO# 548421
nature o ttor y -o -Recor
Date: March 24, 2017 Donald R. Pinto, Jr.
Please Print Name
Exempt Cases: Tax Foreclosures, Mortgage Foreclosures under the Servicemembers Civil Relief Act and all
cases related to original and subsequent registration under G. L. c. 185, §1.
09/2013 - 2 -
COMMONWEALTH OF MASSACHUSETTS
NANTUCKET COUNTY
KEVIN WERLE and
WENDY WERLE,
Plaintiffs,
V.
EDWARD S. TOOLE, LISA
BOTTICELLI, SUSAN
MCCARTHY, MICHAEL J.
O'MARA and KERIM KOSEATAC,
solely in their capacity as members of
the NANTUCKET ZONING
BOARD OF APPEALS, and THE
SANKATY HEAD GOLF CLUB,
Defendants.
Nature of Case
LAND COURT DOCKET NO.
J ()- m)Sc, -00O1
COMPLAINT
j. �G
rJ
Plaintiffs, Kevin Werle and Wendy Werle ("Plaintiffs" or the "Werles "), appeal under
G.L. c. 40A, § 17 from a decision (the "Decision ") of the Nantucket Zoning Board of Appeals
(the "Board ") dated March 8,'2017 and filed with the Nantucket Town Clerk the same day. A
certified copy of the Decision is attached as Exhibit A. The Decision grants the request of
Sankaty Head Golf Club (the "Golf Club ") to modify: (i) a variance for employee housing
granted almost 35 years ago (File No. 22 -83); and (ii) six special permits issued by the Board
over the past 30 years (File Nos. 061 -89, 062 -94, 066 -97, 020 -03, 087 -04, and ZA No. 04 -12).
The Golf Club requested the modifications in order to construct four brand -new duplex
dwellings and an accompanying parking lot for use by employees and their families on the 100 -
plus acre property located at 100 Sankaty Road, Nantucket Massachusetts (the "Locus "). With
the exception of how the new buildings are to be used (i, e., as employee housing), the proposed
dwellings are unrelated to the existing structures allowed by the above - identified variance and
special permits. The Golf Club is not modifying or expanding existing structures at the Locus,
but is instead proposing to construct new buildings several hundred feet or more from existing
employee and "Caddie Camp" housing. The Decision ignores this fact and further fails to make
any of the findings necessary to grant a variance under G.L. c. 40A, § 10. Accordingly, the
Decision exceeds the Board's authority and must be annulled.
Parties
1. The Golf Club is a non - profit corporation organized under the laws of
Massachusetts with a principal business address of 100 Sankaty Road, P.O. Box 293, Siasconet,
Nantucket, Massachusetts. The Golf Club owns the Locus and uses it to operate a private golf
course and related activities.
2. The Werles own a year -round residence at 11 Old Stone Crossing in West
Timsbury, Connecticut. The Werles also own, as joint tenants, the parcel of land in Nantucket,
Massachusetts known as 80 Sankaty Road (the " Werle Property "). The Werle Property directly
abuts the Locus and is improved with a single- family dwelling.
3. Edward S. Toole, Lisa Botticelli, Susan McCarthy, Michael J. O'Mara and Kerim
Koseatac are the duly appointed members of the Nantucket Zoning Board of Appeals and are
named in their capacity as members of the Board and not individually. All of these defendants
have a mailing address c/o the Board at 2 Fairgrounds Road, Nantucket, Massachusetts, 02554.
Allegations
4. Under the Nantucket Zoning Bylaw ( "Bylaw "), the Locus falls within the
"Limited Use General 3" ( "LUG -3 ") zoning district.
5. The Locus has an area of approximately 126.58 acres.
6. The Locus includes a private golf course. The golf course is a pre- existing
nonconforming recreational use under the Bylaw.
7. The I.,ocus also includes a golf club house, three (3) employee dormitories, three
(3) separate residential dwellings, and seven (7) residential buildings used by a caddie camp that
operates on the Locus (the "Caddie Camp "). See Exhibit A. The uses of these buildings are pre-
existing nonconforming uses under the Bylaw. Id.
8. The Golf Club applied to the Board under § 139- 33.A(1) of the Bylaw (File No.
40 -16) (the "Application ") for modification of the following special permit decisions
(collectively hereafter, the "Special Permits "):
a. File No. 061 -89;
b. File No. 062 -94;
c. File No. 066 -97;
d. File No. 020 -03;
e. File No. 087 -04; and
f. ZA No. 04 -12.
9. The Golf Club also applied to the Board under § 139- 33.A(2) of the Bylaw for
modification of a prior variance decision (File No. 22 -83) (hereafter, the "Variance ").
10. The Variance allowed the Golf Club to construct a dormitory on the Locus for use
by seasonal employees. Special Permit Nos. 066 -97 and 087 -04 allowed the Golf Club to expand
and construct two additions to the employee dormitory authorized by the Variance.
11. The Board noted in Special Permit No. 066 -97 that the Golf Club's commercial
structures totaled 3,770 square feet and that the Golf Club was approaching the 4,000 square foot
threshold for major commercial developments under § 139 -11 of the Bylaw.
3
12. Special Permit No. 061 -89 allowed the Golf Club to construct a new employee
dormitory and to expand an existing employee dormitory known as the Bug House.
13. Special Permit No. 062 -94 allowed the Golf Club to demolish four existing
housing structures used by the Caddie Camp and to replace those structures with five new
buildings to be used as housing by caddies and camp staff. Special Permit No. 020 -03 modified
Special Permit No. 062 -94 and allowed the Golf Club to construct one additional housing
structure adjacent to the existing Caddie Camp housing structures.
14. Zoning Administrator decision No. 04 -12 allowed the Golf Club to expand the
Caddie Camp mess hall by approximately 60 square feet. That decision did not result in an
increase in the habitable space of any structure on the Locus.
15. By its Application, the Golf Club sought modifications of the Variance and
Special Permits authorizing it to construct four new duplex dwellings on the Locus to be used for
on -site employee housing.
16. The proposed duplex dwellings are brand new structures to be built several
hundred feet or more from the dormitories and other housing structures authorized by the
Variance and Special Permits.
17. "The proposed duplex dwellings are unrelated to the Caddie Camp and the Golf
Club does not propose to use the duplex dwellings as housing for caddies.
18. The Golf Club's existing employee dormitories and Caddie Camp housing are
located on interior portions of the Locus.
19. The proposed duplex dwellings and accompanying parking lot will be cited near
the boundary of the Locus, immediately adjacent to and across from existing single - family
homes, including but not limited to the Werle Property.
4
20. The Board held a public hearing on the Golf Club's Application on February 9,
2017. At the close of the public hearing the Board voted unanimously to grant (i) the requested
modifications of the Special Permits, and (ii) the requested modification of the Variance. On
March 8, 2017 the Board issued the Decision. The Board filed the Decision with the Nantucket
Town Clerk the same day.
21. As direct abutters to the Locus, and particularly that portion of the Locus where
the Golf Club proposes to build the four duplex dwellings and accompanying parking lot
purportedly authorized by the Variance and Special Permits, the Werles are aggrieved by the
Decision and the substantial increase in density, automobile traffic, noise, loss of privacy,
diminution in property value, and other harms that this project portends.
COUNT
(G.L. c. 40A, § 17 — Special Permits)
22. The Werles incorporate the allegations of paragraphs 1 -21 as it set forth at length
here.
23. Section 139 -7 of the Bylaw prohibits duplex residential dwellings in a LUG -3
zoning district. The Decision purportedly authorizes the Golf Club to construct four new duplex
dwellings; therefore the Decision exceeds the Board's authority and is unlawful.
24. By special permit, employee dormitories may be constructed in a LUG -3 zoning
district, but occupancy is limited solely to employees. The Decision purportedly allows the
proposed duplex dwellings to be used by employees and their families; therefore, the duplex
dwellings are not "dormitories" under the Bylaw. To the extent the Decision treats the proposed
duplexes as "employee dormitories," the Decision exceeds the Board's authority and is unlawful.
25. Pursuant to § 139- 33.A(1) of the Bylaw, "[p]reexisting, nonconforming structures
or uses may be extended, altered, or changed, provided that ... the special permit granting
authority finds that such extension, alteration, or change shall not be substantially more
detrimental than the existing nonconforming structure and /or use to the neighborhood."
26. The new duplex dwellings authorized by the Decision are not "extensions or
alterations" of the Golf Club's existing employee dormitories and Caddie Camp housing within
the meaning of § 139- 33.A(1); therefore, the new duplex dwellings purportedly authorized by the
Decision exceed the Board's authority and are unlawful.
27. Pursuant to § 139- 33.A(2) of the Bylaw, " f a]n extension, alteration, or change to
an existing structure or a new structure that will result in an increase in the pre- existing
nonconforming ground cover ratio of a lot may be allowed through the issuance of a special
permit, provided that the special permit granting authority makes the following findings:
(a) The increase in ground cover ratio will not be substantially
more detrimental to the neighborhood than the existing
nonconformity;
(b) The resulting ground cover ratio is consistent with the
character of the surrounding neighborhood; and,
(c) The extension, alteration, or change to the existing structure
or the new structure is conforming to other dimensional
requirements of this chapter.
28. The duplex dwellings authorized by the Decision are new structures that will
result in an increase in the pre- existing nonconforming ground cover ratio on the Locus. The
Decision fails to make the findings required by § 139- 33.A(2); therefore, the Decision exceeds
the Board's authority and is unlawful.
here.
COUNTII
(G.L. e. 40A, § 17 - Variance)
29. The Werles incorporate the allegations of paragraphs 1 -21 as if set forth at length
R
30. The Decision fails to make any of the findings necessary to grant a variance under
G.L. c. 40A, § 10. Even if the Decision included such findings, the Golf Club is not entitled to a
variance under the standards of G.L. c. 40A, § 10.
COUNT III
(G.L. c. 40A, § 17 — Lack of Board Authority)
31. The Werles incorporate the allegations of paragraphs 1 -21 as if set forth at length
here.
32. Pursuant to § 139 -11 of the Bylaw, the Planning Board is the exclusive special
permit granting authority for any major commercial development ( "MCD "). MCDs include "a
group of commercial structures or uses, which is proposed to be constructed on a single lot or
tract of land ... meeting, in the aggregate, any one or more of the following criteria:... (2) Four
thousand square feet or more of gross floor area of commercial use, including roofed -over
storage areas." The proposed duplex dwellings constitute a MCD because, on information and
belief, the combined square footage of the Golf Club's gross floor area committed to commercial
use exceeds 4,000 square feet. Accordingly, the Board's Decision is unlawful because the Board
does not have jurisdiction over the Golf Club's Application and, therefore, lacked authority to
modify the Variance and Special. Permits.
[continued on next page]
7
WHEREFORE, the Werles respectfully pray that the court enter judgment:
(a) annulling the Decision;
(b) awarding them their reasonable attorneys' fees and costs; and
(c) granting such further relief as the court deems necessary or appropriate, in the
interest of justice.
KEVIN WERLE and WENDY WERLE,
By their attorneys,
Daniel J. Bailey, BBO No. 552612
dbailey@pierceatwood.com
Donald R. Pinto, Jr., BBO No. 548421
dpi nto(2apierceatwoo d. com
Nicholas P. Brown, BBO No. 676462
nbrown@pierceatwood.com
PIERCE ATWOOD LLP
100 Summer Street
Boston, Massachusetts 02110
(617) 488 -8100
Dated: March 24, 2017
EXHIBIT A
Ui o iii?
�p TOWN OF NANTUCKET
CP
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554 �
Date: March 8, 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No.: 40 -16
Current Owner /Applicant: SANKATY HEAD GOLF CLUB
Property Description 100 Sankaty Road
Map 49 Parcel 2
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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.
Eleanor W. Antonietti,
Zoning Administrator
cc: Town Clerk
Planning Board
Building Commissioner /Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY -LAW
SECTION 139 -30 (SPECIAL PERMITS); SECTION 139 -32 (VARIANCES). ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508- 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 2 Certificate of Title No. 1308
100 Sankaty Road Plan No. 9548 -C
Limited Use General -3 (LUG 3) Lot 2
DECISION:
I . At a public hearing of the Nantucket Zoning Board of Appeals, on "Thursday, February 9,
2017, at 1:00 PM, (continued from a public hearing held on Tuesday, January 17, 2017 at 12:00
PM), at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision
on the application of the SANKATY HEAD GOLF CLUB, c/o P.O. Box 293, 100 Sankaty
Road, Siasconset, MA 02564, File No. 40 -16:
2. Applicant is requesting modification of prior Special Permit relief to alter and expand a
pre - existing nonconforming use in order to construct four new duplex cottages to be used for on-
site employee housing pursuant to Zoning By -law Section 139- 33.A(1). The proposed work will
meet all dimensional and parking requirements of the By -Law. Applicant also requests a
modification of prior Variance relief pursuant to Zoning By -law Section 139 -32 to allow for
duplex dwelling units in each cottage or, in the alternative, a primary dwelling unit and accessory
apartment in each cottage. The locus is situated at 100 Sankaty Road, is shown on Nantucket
Tax Assessor's Map 49 as Parcel 2, and as Lot 2A upon Land Court Plan 9548 -C. Evidence of
owner's title is registered as Certificate of Title No. 1308 in the Nantucket County District of the
Land Court. The site is zoned Limited Use General 3 (LUG -3).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearings. There was no Planning Board recommendation
on the basis that no matters of planning concern were presented. There was no opposition,
written or oral, to the application.
4. The Property has an area of approximately 126.58 acres and includes a private non- profit
golf course which was constructed in 1921. The Property also includes a Golf Club House, three
(3) employee dormitories, three (3) separate dwellings and seven (7) caddie camp residential
buildings. The golf course is a pre - existing and non - conforming recreational facility located in
the LUG -3 Zoning District. The three (3) separate dwelling units, three (3) employee
dormitories and seven (7) caddie camp residential buildings are pre - existing and non-
conforming, because they exceed the allowable number of dwelling units in the LUG -3 Zoning
District which allows a maximum of three (3) dwelling units on each lot.
5. The Applicant proposes to construct four (4) duplex cottages on the Property to provide
on -site housing for its employees and their families, together with two (2) separate septic
systems and twenty -four (24) off - street parking spaces. Each duplex unit will have three (3)
bedrooms and each duplex structure will have six (6) bedrooms. The aggregate twenty -four
bedrooms require twenty -four (24) off - street parking spaces pursuant to Section 139 -18.13 of the
By Law. Applicant, through counsel, stated the proposed on -site employee housing project will
contribute to the best interests of the Village of Siasconset by allowing Club employees to live
on the Property and thereby relieve the pressure on the summer rental market and reduce
vehicular traffic in the neighborhood. He noted that in a prior Special Permit (File No. 66 -97)
allowing employee dormitories on the Property, the Board found "...expanded on -site housing
for seasonal employees is in the best interests of the community.
6. Applicant, through counsel, requested MODIFICATION of prior Zoning Board of
Appeals SPECIAL PERMIT decisions (File No-s 061 -89, 062 -94, 066 -97, 020 -03, 087 -04 and
ZA No. 04 -12) pursuant to Section 139- 33.A(l) of the By Law to alter and expand a pre- existing
non - conforming employee housing use in order to construct, maintain, and occupy four (4)
residential btdldings limited to occupancy by golf course employees and their families.
Applicant further requested MODIFICATION of prior VARIANCE decision (File No. 22 -83),
which allowed the Applicant to construct a dormitory for seasonal employees, in order to
construct, maintain and occupy each residential cottage as a duplex residential structure
containing two (2) dwelling units so that the four (4) proposed employee housing structures may
be permitted to be duplexes even though duplexes are not permitted in the LUG -3 District.
Counsel stated the statutory criteria warranting a Variance had already been met in prior
Variance Decision No. 22 -83 and constructing each building to include two (2) duplex units
would allow the Applicant to include two (2) separate dwelling units in each of the four (4)
buildings as an accommodation to its employees with families and further provide for more
stringent fireproofing in each duplex unit as required by the Massachusetts Building Code,
thereby contributing to the health, welfare and safety of its employees and the community.
7. 'rhe Board found that the proposed four (4) on -site duplex cottages for the Applicant's
employees and their respective families would not be substantially more detrimental to the
Village of Siasconset than existing conditions and would benefit the Village of Siasconset by
relieving pressure on the seasonal rental market, by reducing vehicular traffic and by allowing
the Club to provide commodious employee housing on its Property. Further, the Board bound
that a modification of prior Variance File No. 22 -83 to permit each of the four (4) residential
structures to include two (2) duplex residential units was reasonable and contributed to the
health, welfare and safety of the neighborhood by providing better fireproofing in each duplex
unit and by providing separate and independent living quarters for the Applicant's employees
and their families.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATIONS of the above - referenced prior SPECIAL PERMIT relief pursuant to the
provisions of Zoning By -law Section 139 -33.A and a MODIFICATION of prior VARIANCE
File No. 22 -83 to allow for the construction, maintenance and occupancy of four (4) duplex
residential structures by the Applicant's employees and their respective families subject to the
following conditions:
a. The four (4) proposed employee duplex cottages shall be constructed substantially
in accordance with site plan entitled, "Cottages Option Plan 3; 100 Sankaty Road,
Siasconset ", prepared for Sankaty Golf Club by Blackwell & Associates, Inc.,
dated January 28, 2017 and the plans submitted and approved with the
Certificates of Appropriateness to be issued for the cottages by the Nantucket
Historic District Conunission;
b. The Applicant shall provide twenty -four (24) off - street parking spaces on the site,
as shown on the above - referenced site plan, a reduced copy of which is attached
hereto as "Exhibit A";
C. The use and occupancy of the four (4) proposed duplex cottages shall be limited
to the Applicant's employees and their respective families;
d. Each duplex unit shall be limited to six (6) occupants;
e. The Applicant shall not sell any of the cottages separately.
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Assessor's Map 49, Parcel 2
100 Sankaty Road
Limited Use General 3 (LUG-3)
Dated:
2017
Certificate of "l'itic No. 1308
Plan No. 948 -C
Lot 2
I..isa Botticelli
James Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
Un the day of AIU __ ___ __, 2017, before me, the pursuant signed notary public,
personal y appeared _, one of the above -named members of
the Zoning Board of tsrantucket, Massachusetts, pers nally known to me to be the person whose
name is signed on the preceding document, and acknowledged that she signed the foregoing
instrument voluntarily for the purposes therein expressed.
ATTEST: A TRUE COPY
NANTUCKET TOWN CLERK
a
KAgEN �, �. BRADFORD
Nolery Public
COMMIDN W" OF MASSACHUSETTS
My Corrimission Expires
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TOWN OF NANTUCKET
BOARD OF APPEALS 00 r
NANTUCKET, MASSACHUSETTS 02554
.n
Date: March 8 , 2017
To: Parties in Interest and Others concerned with the Decision of
The BOARD OF APPEALS in the Application of the following:
Application No . : 40-16
Current Owner/Applicant: SANKATY HEAD GOLF CLUB
Property Description 100 Sankaty Road
Map 49 Parcel 2
Enclosed is the Decision of the BOARD OF APPEALS which has this
day been filed with 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 a
complaint in Nantucket Superior Court or Land 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 .
Eleanor W. Antonietti,
Zoning Administrator
cc : Town Clerk
Planning Board
Building Commissioner/Zoning Enforcement Officer
PLEASE NOTE: MOST SPECIAL PERMITS AND VARIANCES HAVE A TIME LIMIT AND
WILL EXPIRE IF NOT ACTED UPON ACCORDING TO NANTUCKET ZONING BY-LAW
SECTION 139-30 (SPECIAL PERMITS) ; SECTION 139-32 (VARIANCES) . ANY
QUESTIONS, PLEASE CALL THE NANTUCKET ZONING BOARD OF APPEALS OFFICE AT
508-325-7587 .
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket,Massachusetts 02554
Assessor's Map 49, Parcel 2 Certificate of Title No. 1308
100 Sankaty Road Plan No. 9548-C
Limited Use General-3 (LUG 3) Lot 2
DECISION:
1. At a public hearing of the Nantucket Zoning Board of Appeals, on Thursday, February 9,
2017, at 1:00 PM, (continued from a public hearing held on Tuesday, January 17, 2017 at 12:00
PM), at 4 Fairgrounds Road, Nantucket, Massachusetts, the Board made the following decision
on the application of the SANKATY HEAD GOLF CLUB, do P.O. Box 293, 100 Sankaty
Road, Siasconset, MA 02564, File No. 40-16:
2. Applicant is requesting modification of prior Special Permit relief to alter and expand a
pre-existing nonconforming use in order to construct four new duplex cottages to be used for on-
site employee housing pursuant to Zoning By-law Section 139-33.A(1). The proposed work will
meet all dimensional and parking requirements of the By-Law. Applicant also requests a
modification of prior Variance relief pursuant to Zoning By-law Section 139-32 to allow for
duplex dwelling units in each cottage or, in the alternative, a primary dwelling unit and accessory
apartment in each cottage. The locus is situated at 100 Sankaty Road, is shown on Nantucket
Tax Assessor's Map 49 as Parcel 2, and as Lot 2A upon Land Court Plan 9548-C. Evidence of
owner's title is registered as Certificate of Title No. 1308 in the Nantucket County District of the
Land Court. The site is zoned Limited Use General 3 (LUG-3).
3. Our decision is based upon the application and accompanying materials, representations,
and testimony received at our public hearings. There was no Planning Board recommendation
on the basis that no matters of planning concern were presented. There was no opposition,
written or oral,to the application.
4. The Property has an area of approximately 126.58 acres and includes a private non-profit
golf course which was constructed in 1921. The Property also includes a Golf Club House, three
(3) employee dormitories, three (3) separate dwellings and seven (7) caddie camp residential
buildings. The golf course is a pre-existing and non-conforming recreational facility located in
the LUG-3 Zoning District. The three (3) separate dwelling units, three (3) employee
dormitories and seven (7) caddie camp residential buildings are pre-existing and non-
conforming, because they exceed the allowable number of dwelling units in the LUG-3 Zoning
District which allows a maximum of three (3) dwelling units on each lot.
5. The Applicant proposes to construct four (4) duplex cottages on the Property to provide
on-site housing for its employees and their families, together with two (2) separate septic
2
systems and twenty-four (24) off-street parking spaces. Each duplex unit will have three (3)
bedrooms and each duplex structure will have six (6) bedrooms. The aggregate twenty-four
bedrooms require twenty-four (24) off-street parking spaces pursuant to Section 139-18.B of the
By Law. Applicant, through counsel, stated the proposed on-site employee housing project will
contribute to the best interests of the Village of Siasconset by allowing Club employees to live
on the Property and thereby relieve the pressure on the summer rental market and reduce
vehicular traffic in the neighborhood. He noted that in a prior Special Permit (File No. 66-97)
allowing employee dormitories on the Property, the Board found "...expanded on-site housing
for seasonal employees is in the best interests of the community.
6. Applicant, through counsel, requested MODIFICATION of prior Zoning Board of
Appeals SPECIAL PERMIT decisions (File No.s 061-89, 062-94, 066-97, 020-03, 087-04 and
ZA No. 04-12) pursuant to Section 139-33.A(1) of the By Law to alter and expand a pre-existing
non-conforming employee housing use in order to construct, maintain, and occupy four (4)
residential buildings limited to occupancy by golf course employees and their families.
Applicant further requested MODIFICATION of prior VARIANCE decision (File No. 22-83),
which allowed the Applicant to construct a dormitory for seasonal employees, in order to
construct, maintain and occupy each residential cottage as a duplex residential structure
containing two (2) dwelling units so that the four (4) proposed employee housing structures may
be permitted to be duplexes even though duplexes are not permitted in the LUG-3 District.
Counsel stated the statutory criteria warranting a Variance had already been met in prior
Variance Decision No. 22-83 and constructing each building to include two (2) duplex units
would allow the Applicant to include two (2) separate dwelling units in each of the four (4)
buildings as an accommodation to its employees with families and further provide for more
stringent fireproofing in each duplex unit as required by the Massachusetts Building Code,
thereby contributing to the health,welfare and safety of its employees and the community.
7. The Board found that the proposed four (4) on-site duplex cottages for the Applicant's
employees and their respective families would not be substantially more detrimental to the
Village of Siasconset than existing conditions and would benefit the Village of Siasconset by
relieving pressure on the seasonal rental market, by reducing vehicular traffic and by allowing
the Club to provide commodious employee housing on its Property. Further, the Board bound
that a modification of prior Variance File No. 22-83 to permit each of the four (4) residential
structures to include two (2) duplex residential units was reasonable and contributed to the
health, welfare and safety of the neighborhood by providing better fireproofmg in each duplex
unit and by providing separate and independent living quarters for the Applicant's employees
and their families.
8. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested
MODIFICATIONS of the above-referenced prior SPECIAL PERMIT relief pursuant to the
provisions of Zoning By-law Section 139-33.A and a MODIFICATION of prior VARIANCE
File No. 22-83 to allow for the construction, maintenance and occupancy of four (4) duplex
residential structures by the Applicant's employees and their respective families subject to the
following conditions:
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a. The four(4) proposed employee duplex cottages shall be constructed substantially
in accordance with site plan entitled, "Cottages Option Plan 3; 100 Sankaty Road,
Siasconset", prepared for Sankaty Golf Club by Blackwell & Associates, Inc.,
dated January 28, 2017 and the plans submitted and approved with the
Certificates of Appropriateness to be issued for the cottages by the Nantucket
Historic District Commission;
b. The Applicant shall provide twenty-four (24) off-street parking spaces on the site,
as shown on the above-referenced site plan, a reduced copy of which is attached
hereto as "Exhibit A";
c. The use and occupancy of the four (4) proposed duplex cottages shall be limited
to the Applicant's employees and their respective families;
d. Each duplex unit shall be limited to six(6) occupants;
e. The Applicant shall not sell any of the cottages separately.
A I U A O L L O W L
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"EXHIBIT A"
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Assessor's Map 49, Parcel 2 Certificate of Title No. 1308
100 Sankaty Road Plan No. 9548-C
Limited Use General 3 (LUG-3) Lot 2
Dated: , 2017 i ,
0 , 91 1,A
Lisa Botticelli
i�� •
' �i
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Susan � •Cart ��
AtZv
i 1,d4 ' o,e,
Geoffrey Thayer 1
James Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the day of if/4..04 , 2017, before me,the pursuant signed notary public,
personal y appeared _4, ;it . V Aig.' Vv , one of the above-named members of
the Zoning Board of antucket, Massachusetts, personally known to me to be the person whose
name is signed on the preceding document, and acknowledged that -.0 signed the foregoing
instrument voluntarily for the purposes therein expressed.
/ / 4, /
otary Pu o�ic:
y Co d ssion Expires:
KAREN L. E. BRADFORD
a ►A. ¢4 ry...7 a Notary Public
•.1:4�y►f •�4#; -• ' . TN OF MASSACHUSETTS
�+ Commission Expires I
t , ." 1 December18. 2020
T. 0:...'" .' ',,-, i a'
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