HomeMy WebLinkAbout40-16 APPEAL- DO NOT ISSUE Sankaty Head Golf Club crossfiled: 2016tapNTUC/TFT \�
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TOWN OF NANTUCKET Z A
BOARD OF APPEALS `' ra
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)
DECISION:
Lot 2
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, 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(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 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:
3
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.
4
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Assessor's Map 49, Parcel 2
100 Sankaty Road
Limited Use General 3 (LUG -3)
Dated:
2017
Certificate of Title No. 1308
Plan No. 9548 -C
Lot 2
Lisa Botticelli
James Mondani
COMMONWEALTH OF MASSACHUSETTS
Nantucket, ss
On the day of M40W , 2017, before me, the pursuant signed notary public,
personal y appeared , one of the above -named members of
the Zoning Board of ntuck
aet, Massachusetts, personally 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.
X"9N L. E. DBRAD Not8iy THOF My C tr.f"1isi
1
1 �\
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
f �9
Via Hand Delivery
Catherine Flanagan Stover, Town Clerk r__3 G
Nantucket Town Clerk's Office C
16 Broad Street
Nantucket, MA 02554
Re: Kevin Werle and Wendy Werle v. Nantucket Zoning Board of Appeals, et al.
cri
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,
j,jP,6 0.0,
Nicholas P. Brown
NPB /lh
Enclosures
PORTLAND, ME BOSTON, MA PORTSMOUTH, NH PROVIDENCE, Rt AUGUSTA, ME STOCKHOLM, SE WASHINGTON, DC
First Plaintiff Kevin W
Commonwealth of Massachusetts
Land Court
Department of the Trial Court
Case No.
Civil Cover Sheet
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
and
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.
3. Is this complaint verified ? ❑ Yes FX] No
4. Are there any related cases filed in the Land Court Department ? ❑Yes ❑X No
If yes, please provide the Case No.(s) :
1
ZAC
Appeal from Zoning/Planning Board
G. L. c. 40A, § 17
ZAD
Appeal from Planning Board
G. L. c. 41, § 81BB
ZJA
Validity of Zoning
G. L. cc. 240, § 14A, 185, § 10
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 - IOC
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, § 1 (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, § I (k)
AHA
Affordable Housing Appeal
G. L. c. 40B, § 21
0
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.
1 hereby certify my compliance with these requirements.
BBO# 548421
nature ot Atto rr} y -o -Recor
Date: March 24, 2017 Donald R. Pinto, Jr.
Please Print Name
Exempt Cases: Tax Foreclosures, Mortgage Foreclosures under the Servicem embers 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 LAND COURT DOCKET NO.
)o- m)sc-00015�
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
COMPLAINT
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 I 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.
2
6. The Locus includes a private golf course. The golf course is a pre- existing
nonconforming recreational use under the Bylaw.
7. The Locus 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.
1.3. 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] reexi sting, 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, "[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
2
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]
VA
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
dpintonpierceatwood.com
Nicholas P. Brown, BBO No. 676462
nbrownga pierceatwood.com
PIERCE ATWOOD LLP
100 Summer Street
Boston, Massachusetts 02110
(617) 488 -8100
Dated: March 24, 2017
EXHIBIT A
tea, t� t
,3 v� � d ..r1 Z
! C ?
TOWN OF NANTUCKET � Z A
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
50B- 325 -7587.
NANTUCKET ZONING BOARD OF APPEALS
2 Fairgrounds Road
Nantucket, Massachusetts 02554
Assessor's Map 49, Parcel 2
100 Sankaty Road
Limited Use General -3 (LUG 3)
DECISION:
Certificate of Title No. 1308
Plan No. 9548 -C
Lot 2
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, 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
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 -18.11 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 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,
Siasconsef', 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.
4
"EXHIBIT A"
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Assessor's Map 49, Parcel 2
100 Sankaty Road
Limited Use General 3 (LUG -3)
Dated: , 2017
Certificate of Title No. 1308
Plan No. 9548 -C
Lot 2
Lisa Botticelli
James Mondani
COMMONWEALTIIC OF MASSACHUSETTS
Nantucket, ss
On the day of 2017, before me, the pursuant signed notary public,
personal y appeared one of the above -named members of
the Zoning Board of antucket, Massachusetts, pers rally 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
KAREN L. E. BRADFORD
Notary PuU :
COMMONWMTH OF NAssAOr+uSETTS
My Commission Expires
Dgcwber i8. 2020