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HomeMy WebLinkAbout062-07 TOWN OF NANTUCKET ZONING BOARD OF APPEALS 2 FAIRGROUNDS ROAD NANTUCKET, MASSACHUSETTS 02554 PHONE 508-228-7215 FAX 508-228-7205 NOTICE A Public Hearing of the NANTUCKET WNING BOARD OF APPEALS will be held at 12:00 P.M.. FRIDAY. JULY 13.2007. in the Conference Room, 2 FAIRGROUNDS ROAD, Nantucket, MA, on the Application of the following: TOWN OF NANTUCKET, AND FOR THE NANTUCKET WATER COMMISSION - W ANNACOMET WATER COMPANY BOARD OF APPEALS FILE NO. 062-07 Applicant (Nantucket Water Commission) is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-17 (Height limitations), specifically as Section 139-17C(3) relates to "water towers and stand pipes", in order to construct a new water tower that would have a maximum height of about 113.4 feet above grade. The site contains about 32.88 acres of land area, which, through a positive vote at the 2004 Annual Town Meeting, transferred to the Nantucket Water Commission for purposes such as this proposal. The lot is conforming in all respects and, other than as to the height of the structure, would continue to meet all dimensional zoning requirements once constructed. The Premises is located at 43 POLPIS ROAD, Assessor"s Map 54, Parcel 94.1, Plan at Deed Book 663, Page 255. The property is zoned Limited-Use-General-3. aCl'Jv-~~~J" ~ Nancy J. Sevrens, . hairman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER AL TERNA TIVE FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. NANTUCKET ZONING BOARD OF APPEALS 1 EAST CHESTNUT STREET NANTUCKET, MA 02554 CASE NO. <<<< -cJ? FEE: $300.00 APPLICATION FOR RELIEF Owner's name(s): Town of Nantucket Mailing address: 16 Broad Street, Nantucket, MA 02554 Applicant's name(s): Nantucket Water Commission - Wannacomet Water Company 02554 One Milestone Road, Nantucket, MA Mailing address: Locus address: 43 Polpis Road Land Court Plan/Plan Book & Page/Plan File No.: Bk 663 Date lot acquired: 08/04 / 04 Deed Ref.lCert. of Title: Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings---1- Duplex~ Apartments~Rental Rooms 0 Building Date(s): All pre-date 7/72? No or C of 0 No. OP-2006-0390 C of O(s)? 09/13/2006 BP-2005-0194 Assessor's Map/Parcel: sifl94.1 Pg 255 Lot No.: 1 Zoning District: LUG-3 Building Permit Nos: Previous Zoning Board Application Nos.: State below or on a separate addendum specific relief sought (Special Permit, Variance, Appeal), Section of the Zoning By-law, and supporting details, grounds for grant of relief, listing any existing nonconformities: Please refer to attached addendum. 1 .1 J ~J 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. SIGNATURE:K.-t.. ~'-~ ~ ,,~ Applicant X Attorney/Agent (If not owner or owner's attorney, please enclose proof of agency to bring this matter before the Board) 7fIi FOR B ICE USE Application received on:~/ By: Complete: ~ Need copies. Filed with Town Clerk:1Qjif:) PI' . / Building Dept.: / / : Fee deposited with Town Treasurer:!o-2~ By:. Waiver requested?:_Granted:~_/_ Hearing notice posted with Town Clerkio-2Yg Mailed:1QI~a I&M:1cu2~l22 & 2/Sls;;[2 Hearing(s) held on:_/~_ Opened 00:_/_/_ Continued to:~_/_ Withdrawn?:_/~_ DECISION DUE BY:~_/_ Made:_/~_ Filed w/Town Clerk:_/_/_ Mailed:~_/_ DECISION APPEALED?:_/_/_ SUPERIOR COURT: LAND COURT Form 4/03/03 Addendum to Application for Relief #43 Polpis Road (Tax Assessors Map 54 Parcel 94.1) June 6, 2007 Relief Sought Reliefby issuance of a Special Permit is sought from ~139-17 Height Limitations of the Zoning Bylaw which limits the height of buildings and other structures in all zoning districts to 30 feet. In accordance with S 139-17(C)(3) "water towers and stand pipes" may be granted a Special Permit to exceed the height limitations. The height of the proposed tank, measured to the top of the handrail on the roof, will be 113.4 feet above ground level. The proposed project consists of the construction of a new 2.0 million gallon elevated composite water storage tank on a parcel of land formally known as "00 North Pasture" containing 32.88 acres, which on August 4,2004 in accordance with Article 78 of the 2004 Annual Town Meeting, the Board of Selectmen approved the transfer of the property to the care, custody, management and control of the Nantucket Water Commission (Wannacomet Water Company). The proposed location of the storage tank on the parcel is shown on the enclosed Site Plan entitled 00 North Pasture Proposed Tank Site Plan. The associated land plan is entitled "Plan of Land in Nantucket, Massachusetts as prepared for Richard H. Brooks", by Schofield Brothers Inc., Professional Engineers and Land Surveyors, dated June 20, 1978. Under S 139-7(A)(7) the proposed use is a permitted use in zoning district LUG-3, and the layout of the project meets all intensity regulations required by S 139-16(A). There are no existing nonconformities on the parcel. Supporting Details/Proiect Description The new water storage tank at 00 North Pasture has been proposed to address recognized deficiencies in the existing water system by improving water pressure during high demand periods within the distribution system, increasing the system's ability to meet peak demands along with the existing Washing Pond water storage standpipe, provide redundancy in storage to allow one water storage facility to be removed from service for cleanouts, coating repairs and rehabilitation, allow for reduced frequency of pump operation, provide additional storage to meet short period pump or control malfunctions and most importantly by improving fire protection capabilities within the system, especially in the historic central business area of Nantucket. Thus, the safety and well-being of the inhabitants of the portion of the community serviced by the Wannacomet Water Company will be significantly improved. The proposed water tower project will succeed in addressing several specific water supply related objectives and recommendations that were identified in "The Nantucket Comprehensive Community Plan" prepared by the Nantucket Planning and Economic Development Commission, and approved at Town Meeting in January 2001. The existing water storage facility is located off Cliff Road on Washing Pond Road, located in the northwesterly extremity of the water distribution system, with the supply wells generally located in the central and easterly portion of the system. Locating the new tank at 00 North Pasture in the central portion of the system will ensure that during a fire emergency situation in the Old Town portion of Nantucket there should be ample water available for fire fighting purposes to allow the situation to be quickly brought under control. Addendum to Application for Relief #43 Polpis Road (Tax Assessors Map 54 Parcel 94.1) June 6, 2007 At the present time the existing water storage tank located off Cliff Road has a capacity of 2.0 million gallons. This water storage tank is a standpipe configuration, which provides approximately 221,000 gallons within the normal12 foot operational range, and has a useable volume of approximately 720,000 gallons before low system pressures are experienced in certain portions of the system due to low water levels in the storage tank. As a result of the design and configuration of the proposed elevated water storage tank at 00 North Pasture, the 2.0 million gallons of water contained therein will be within both the operational and useable range, and will provide the necessary volume for peak demand periods, emergencies, and fire protection. In order to maintain consistency of pressure within the water distribution system, and to minimize the dependency upon complicated control systems which are costly to maintain and do seem to have a habit of malfunctioning at the most inopportune times, the design of the 00 North Pasture tank is such that the overflow elevation of 166.6 feet, matches that of the Washing Pond Standpipe. A concern in the design of complicated and highly technical control equipment on the Island of Nantucket is the questionable ability for service technicians to reach the island without delay during an emergency due to weather conditions, and the difficulty in procuring and expeditiously delivering new components or replacement parts to the site. The 00 North Pasture tank depends basically upon gravity for its operation with an altitude control valve to insure against overflows, thus this simplified system provides the assurance that drinking water and most importantly water for fire fighting purposes will always be available. The tank design chosen, a composite structure with a concrete support column and a steel bowl provides a multi-use water storage facility. The 00 North Pasture concrete tank column will not only support the drinking water stored in the steel bowl above, but will also house the pumping station components associated with a new well that will be constructed on this parcel. In cooperation with the Nantucket Police Department, the Wannacomet Water Company has agreed to allow the communications control room to be constructed within the tank column, and the associated antennae to be mounted on the roof. The antennae arrangement will consist of three dish type antennae, ranging in diameter from 2 foot to 4 foot, and one 10-foot whip antenna. The whip antenna will be the uppermost antenna, the top of which will be 14.5 feet above the top handrail. By adding a second water storage tank in the central portion of the distribution system, maintaining the established height, and increasing the systems usable storage from 720,000 gallons to nearly 2,720,000 gallons, the proposed water tank will result in the following improvements in system operation: · More stabilized water pressure throughout the system during high demand periods · Increased available water to meet peak demands · Increased available water for emergency situations · Improved fire protection capabilities throughout the system · Ability to provide drinking water and system pressure in the event of an extreme emergency · An overall improvement in the safety and well-being of those served by the Wannacomet Water Company · Increased confidence from business interests served that water supply will not be an issue of concern Town of Nantucket Web GIS - Printable Map Page 1 of2 Town of Nantucket Web GIS Prop ID Address Owner Sale Date Sale Price Book/Page Lot Size 5494.1 POLPIS RD NANTUCKET TOWN OF 16 BROAD STREET NANTUCKET, MA 2554 06/22/2000 00663/0255 32.88 acres NOT A LEGAL DOCUMENT For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. DjsJ:laimer The information displayed on this or any other map produced by The Town of Nantucket is for reference purposes only. The Town of Nantucket does not guarantee the accuracy of the data. Users are responsible for determining the suitability for individual needs. All information is from the Town of Nantucket ~,::lf'll1r::.nhir Tnfnrm::.f"inn ~\Ic:h:3m (r::T~l rl::tt::th::tC:t=I o ~~~ -~-- Town of Nantucket, Mass Map Composed http://host. appgeo. cOmlnantucketmalPrintabl eM ap. aspx ?Preserve~ Width&Map Width~6 9 J hnQ/"'n,,~ ., ) , I , " f: " i: ., i i i i ., ; ., i , ;[ I , j i I j I , ! J I I I ! i ! f i I I -~-:.:.-- \ r----I~, II p- ! 5. . ' ~!cdf' . ~ ;~ ~ . ~ t"vo. , _ ... ci ~L~ ! .0 j~ . VJ ~ ~ ,. (t) Q ; Q-:-en: ~~ 0 i cIi cli !~ ''it ! ~.~ Jr: !I~ .. j ~ c;.. r ..J ' i te' \; I f .! I ; t ; ~ i i I k~ , , I .'. ....."..~_. . ~ "\ . L 1~1 '--"'5" . ;".,n__ o ~~ ~ ~ <t: 0 f:Q ~ ~ w . ..~ :r: =~ ~.~ fa zr ~~~ <t: ~ Z ~ i ! ~ ~ 1, i. '.'11 ,. r I.. I.' 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H 00 ~~ Z G) 3: III 1-'- .... 1-'- ::t IQ >' Po Po 11 (II Dl Dl '" BOAR RECEIVED o OF ASSESSORS MAY 2 2 2007 TOWN OF NANTUCKET, MA Town of Nantucket Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATTER OF THE PETITION OF: PROPERTYOWNER..~~M..q.....~~.GQ.~......... MAILING ADDRESS.. J....M ~L~. srO.~~... .C?~)....................... PROPERTY LOCATION.. .09... .N.<?~.... ~A$"l'~""""""", ASSESSOR MAPIPARCEL.. .54. .':":..~ .+:. .t........... ................................ APPLICANT...1.t...tb.t:-JL~k.QM~....V~~................... SEE ATTACHED PAGES I certify that the foregoing is a list of 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, all as they appear on the most recent applicable tax list (M.G.L. c. 40A, Section 11 Zoning Code Chapter 40A Section 139-29B (2) {/lrf d2 3 ;ztJo 7 , , ~~ a/ik ;{ss SSOR'S OFFICE Town of Nantucket c::i -J TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 Date: August ~~ = .:.;, ...._--.1 N OJ -'J <1 (I! , 2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No.: 062-07 Owner/Applicant: TOWN OF NANTUCKET, AND FOR THE NANTUCKET WATER COMMISSION - WANNACOMET WATER COMPANY 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 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. I O')~~ Michael J. 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 508-228-7215. NANTUCKET ZONING BOARD OF APPEALS 2 Fairgrounds Road Nantucket, Massachusetts 02554 Assessor's Map 54 Parcel 94.1 LUG-l 43 PolpisRoad Plan File No. 8B, Lot 1 Deed Book 663, Page 255 DECISION: 1. At a public hearing of the Nantucket Zoning Board of Appeals, on Friday, July 13,2007, at 12:00 P.M., in the Conference Room at Two Fairgrounds Road, Nantucket, Massachusetts, the Board made the following Decision on the Application of TOWN OF NANTUCKET, of 16 Broad Street, Nantucket, MA 02554, AND FOR THE NANTUCKET WATER COMMISSION - WANNACOMET WATER COMPANY, of 1 Milestone Road, Nantucket, MA 02554, Board of Appeals File No. 062-07: 2. Applicant (Nantucket Water Commission) is seeking relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-17 (Height limitations), specifically as Section 139-17C(3) relates to "water towers and stand pipes", in order to construct a new water tower that would have a maximum height of about 113.4 feet above grade. The site contains about 32.88 acres ofland area, which, through a positive vote at the 2004 Annual Town Meeting, transferred to the Nantucket Water Commission for purposes such as this proposal. The lot is conforming in all respects and, other than as to the height of the structure, would continue to meet all dimensional zoning requirements once constructed. The Premises is located at 43 POLPIS ROAD, Assessor's Map 54, Parcel 94.1, Plan at Deed Book 663, Page 255. 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. Other than the presentation made by the Applicant and its representatives, there was no public comment and no letters on file. 4. Applicant states that the proposed project consists of the construction of a new 2.0 million gallon elevated composite water storage tank on a parcel ofland formally known as "00 North Pasture" containing about 32.88 acres, which on August 4, 2004, in accordance with Article 78 of the 2004 Annual Town Meeting, the Board of Selectmen approved the transfer of the property to the care, custody, management and control ofthe Nantucket Water Commission (Wannacomet Water Company). The new water storage tank at 00 North Pasture has been proposed to address recognized deficiencies in the existing water system by improving water pressure during high demand periods within the distribution system, increasing the system's ability to meet peak demands along with the existing Washing Pond water storage standpipe, provide redundancy in storage to allow one water storage facility to be removed from service for cleanouts, coating repairs and rehabilitation, allow for reduced frequency of pump operation, provide additional storage to meet short period pump or control malfunctions and most importantly by improving fire protection capabilities within the system, especially in the historic central business area of Nantucket. Thus, the safety and well-being of the inhabitants of the portion of the community serviced by the Wannacomet Water Company will be significantly improved. The proposed water tower project would succeed in addressing several specific water supply related objectives and recommendations that were identified in "The Nantucket Comprehensive Community Plan" prepared by the Nantucket Planning and Economic Development Commission, and approved at Town Meeting in January 2001. The existing water storage facility is located off Cliff Road on Washing Pond Road, located in the northwesterly extremity of the water distribution system, with the supply wells generally located in the central and easterly portion of the system. Locating the new tank at 00 North Pasture in the central portion of the system would ensure that during a fire emergency situation in the Old Town portion of Nantucket there should be ample water available for fire fighting purposes to allow the situation to be quickly brought under control. At the present time the existing water storage tank located off Cliff Road has a capacity of2.0 million gallons. This water storage tank is a standpipe configuration, which provides approximately 221,000 gallons within the normal 12 foot operational range, and has a useable volume of approximately 720,000 gallons before low system pressures are experienced in certain portions of the system due to low water levels in the storage tank. As a result of the design and configuration of the proposed elevated water storage tank at 00 North Pasture, the 2.0 million gallons of water contained therein would be within both the operational and useable range, and would provide the necessary volume for peak demand periods, emergencies, and fire protection. In order to maintain consistency of pressure within the water distribution system, and to minimize the dependency upon complicated control systems which are costly to maintain and do seem to have a habit of malfunctioning at the most inopportune times, the design ofthe 00 North Pasture tank is such that the overflow elevation of 166.6 feet, matches that of the Washing Pond Standpipe. A concern in the design of complicated and highly technical control equipment on the Island of Nantucket is the questionable ability for service technicians to reach the island without delay during an emergency due to weather conditions, and the difficulty in procuring and expeditiously delivering new components or replacement parts to the site. The 00 North Pasture tank depends basically upon gravity for its operation with an altitude control valve to insure against overflows, thus this simplified system provides the assurance that drinking water and most importantly water for fire fighting purposes will always be available. The tank design chosen, a composite structure with a concrete support column and a steel bowl, provides a multi-use water storage facility. The 00 North Pasture concrete tank column would not only support the drinking water stored in the steel bowl above, but would also house the pumping station components associated with a new well that would be constructed on this parcel. In cooperation with the Nantucket Police Department, the Wannacomet Water Company has agreed to allow the communications control room to be constructed within the tank column, and the associated antennae to be mounted on the roof. The antennae arrangement would consist ofthree dish type antennae, ranging in diameter from 2 foot to 4 foot, and one 10-foot whip antenna. The whip antenna would be the uppermost antenna, the top of which would be about 14.5 feet above the top handrail. By adding a second water storage tank in the central portion of the distribution system, maintaining the established height, and increasing the systems usable storage from 720,000 gallons to nearly 2,720,000 gallons, the proposed water tank would result in the following improvements in system operation: · More stabilized water pressure throughout the system during high demand periods · Increased available water to meet peak demands · Increased available water for emergency situations · Improved fire protection capabilities throughout the system · Ability to provide drinking water and system pressure in the event of an extreme emergency · An overall improvement in the safety and well-being of those served by the Wannacomet Water Company · Increased confidence from business interests served that water supply will not be an issue of concern 5. Therefore, based upon the foregoing, the Board specifically finds that there are unique circumstances relating to the use of the proposed structure as a water tower that requires a height in excess of the maximum allowed of 30 feet. There is a need to meet deficiencies in the existing water system and most importantly, provide improvement in the fire protection capabilities within the system. The Board further finds that the requested relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-law. In addition, the grant of special permit relief would be in harmony with the general purpose and intent of the Zoning By-law. In making this finding and granting of Special Permit relief, the Board considered the detailed rationale presented by the Applicant for this particular design. 6. Accordingly, by a UNANIMOUS vote, the Board GRANTS the requested relief by SPECIAL PERMIT pursuant to Nantucket Zoning By-law Section 139-17 to allow the construction of the new water tower and communication system antennae as proposed with a height in excess of the maximum allowed of30 feet, subject to the following conditions: (BOA File No. 062-07) a. The project shall be built in substantial conformance with the "Old North Pasture Proposed Tank Site Plan", prepared by Haley and Ward, Inc., registered professional engineers, dated December 2006, a reduced copy of which is attached hereto as Exhibit A; and b. The water tower shall have a maximum structural height of no more than 114 feet as defined in the Nantucket Zoning By-law in Section 139-17, with the proposed communication system to extend an additional maximum of 15 feet for a maximum height above grade of about 129 feet. Dated: August Z5{, 2007 .U~ Kerim Koseatac / d -..J c_ r ..:..-~ c.;-; = N 0;:) -0 t,^", -~ ..;::,. 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