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Home My WebLink About063-07 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 ZONING 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 SIASCONSET WATER COMMISSION BOARD OF APPEALS FILE NO. 063-07 Applicant (Siasconset 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 164.75 feet above grade. The lot contains about three acres ofland area and is conforming in all respects and, other than as to the height of the structure, would continue to meet all dimensional requirements once constructed. The Premises is located at 50 MAIN STREET, SIASCONSET, Assessor's Map 73, Parcel 15,Plan at Deed Book 116, Page 457. The property is zoned Residential-2. ()(~ ~.JR-"Nl~ Nancy J. Sevre , ChaIrman THIS NOTICE IS AVAILABLE IN LARGE PRINT OR OTHER ALTERNATIVE"FORMATS. PLEASE CALL 508-228-7215 FOR FURTHER INFORMATION. l'iA~T{)CKET ZO~ING BOARD OF APPEALS 1 EAST CHEST:\fUT STREET ~ANTLCKET, :\IIA 02554 CASENO.~ FEE: 5300.00 APPLICA TIO~ FOR RELIEF Owner'sname(s): Town of Nantucket l\Iailing address: 16 Broad Street I Nantucket, MA 02554 Applicant'sname(s): c;;i'lc;("nnc;pt Wi'ltpr r'nmm;c;c;;nn Mailing address: One Milestone Road I Nantucket, MA 02554 Locus address: 50 Main Street, Siasconset Assessor's Map/Parcel: 73/15 Land Court PlanlPlan Book & PagelPlan File No.: Lot No.: Date lot acquired:.-B.-/-1.Q/-5..Q Deed Ref./Cert. of Title: Book 11-6 Paqe 457Zoning District: R-2 Uses on Lot - Commercial: None~ Yes (describe) Residential: Number of dwellings~ Duplex---D.- Apartments---D.-Rental Rooms () Building Date(s}: All pre-date 7/72? N / A or C of O(s)? Building Permit Nos: N/ A Previous Zoning Board Application Nos.: N / A 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 the attached Addendum. C) ~ -J .1 ) r"',J ..:':) J .J ..1 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:2 ~ ~ ~ Applicant V Attorney/Agent (If not owner or owner's attorney, please enclose proof 0 agency to bring this matter before the Board) F R OF: ICE USE By: Complete: Hearing notice posted with Town Clerk: y: \Vaiver requested?:_Granted:_/~_ /Lt!1 Mailed(Q) 2!l(/]I&M:{lJ.12Rdl & ~/<DQ) Application received on:./Q;2.:?, Filed with Town Clerk:(Q./ Fee deposited with Town Ir Hearing(s) held on:_I_I_ Opened on:_I_I_ Continued to:_I_I_Withdrawn'?:_I_I_ DECISIO~ DeE BY:_ _ _ :\-Iade:_ _ _ Filed wiT own Clerk:_1 _I _ Mailed:_1 _1_ f1lFf'rSrO' APPEALED,?: I SCPERIOR COCRT: lA~D COURT Form 4/03/03 Town of Nantucket Web GIS - Printable Map Town of Nantucket Web GIS Prop ID Address Owner 73 15 50 MAIN SIAS ST NANTUCKET TOWN OF 16 BROAD ST NANTUCKET, MA 2554 NOT A LEGAL DOCUMENT Sale Date Sale Price Book/Page Lot Size For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Piscl<JjD1~L The information dispiayed 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 r;p/,,\("1r~nhir Tnf",.m~ti('\n c;,\/c:h~m (GTe;, nAtAhAC::P $0 00116/457 3 acres Page 1 ot L C) ~" _)\:1" ~ ..e:----- ;>,.. 'y V '~--~ Town of Nantucket, Mass Map Composed http://host.appgeo.com/nantucketmalPrintableMap.aspx?Preserve= Width&Map Width= 172... 6/28/2007 Town of Nantucket Web GIS 7354 7354.3 73 83 73 84 7355 733 7249 758 o Prop ID Address Sale Date Sale Price Book/Page Lot Size 7315 50 MAIN SIAS ST 8 $0 00116/ 457 3 acres NOT A LEGAL DOCUMENT = ~~ k----t~ ~0 V \ ~--- cj ------------------- For general reference only: Important caveats which must be considered when using this data are available from the Nantucket GIS Coordinator. Disclaimer 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 Geographic Information System (GIS) database. Town of Nantucket, Massachusetts Map Composed 5/31/2007 Copyright 2005 Town of Nantucket, MA. All rights reserved. Developed by AppGeo ZONING CLASSIFICATION: SR-2 EXISTING: MIN. AREA: . . . .29,.099. ~~ . . ) ??~ . ~C:* MIN. FRONTAGE: . . . .7.5. f( . . .S.E~ . ~~~. . 30 FT SEE PlAN FRONT YARD S.B.. . . . . . . . . . . . . . . . . . REAR & SIDE S.B.: . . 1.0. .FT . . .S.E~ . ~~~. (PUBLIC - 66' WIDE) 51(<(0 GROUND COVER (%): . )??~. . PROP9?~Q .TA~~: 615 SF:!: (STATE HIGHWAY)~('tJ EXIST. STRUCTURES: 3414 SF:!: NllESTOM RQ)..4J) PROPOSED. O. 7% ~ ~ -1- ~ VI N....g I........~ ~z~ ~ QS~ ~ ~ ~ ~ :s ~ .... K <.t)::t: -: <: Q I ~.!:t-~"'I:l<: l:'\i I <2' ~:s ") ~ ~ ~Gj ~ t:u cE o ~ <: ~ ;:::,:s ~Cl.: ~ .~;~. S89'47'45.4"W 374.96' EXISTING BUILDINGS j'''..., I i jj EXISTING DUG WELL SHED (lYP.) - N89'16'56.6"W 252.25' EXISTING /" GRAVEL DRIVE SHED/' AREA== 12. 58AC. + S89' J"6i56.6"E 379.51' ~ ....I '0'> ~. ....I VI \ '& u> ~ '<3 ....I VI \ ~ 9,-- i;\ ....I Vl 'I' t:. ~ ~~ '8> ....I VI \ ~ ....I VI \ $ ....I 'I' 'S \ ~ hr~C;::1VED SOARD Of ASSESSORS MAY 2 2 2007 Town of Nantucket TOWN OF NANlUCKET, MA Zoning Board of Appeals LIST OF PARTIES IN INTEREST IN THE MATIER OF THE PETITION OF: PROPERTY OWNER.6~<;:,..gJS~. ..~~. ......... ................. MAILING ADDRESS.. .:t...M L l&.-~-W.tJe.... .~.................... .... PROPERTY LOCATION.....5.Q...~.8..~.,.......:5.I./~.~q- ASSESSOR MAPIPARCEL.. .'1.~ .-:-:...l. .r:;;.................................................. APPLICANT...:V~J:.,.t.A-:-~~T....~~'?,...,....~.:.... ......... SEE ATTACHED PAGES I certify that the foregoing is a list of persons who are owners of abutting property, owners ofland 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) 2;{ll1tr .J:3 d{}{J1 T / J?~~ () t0uJ ASSESSOR'S OFFICE Town of Nantucket U1 "- rv rv "- rv 0, o ~ ~ ~ ~ ~ j ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 'Cl (X)(X)-..1O\O\O\O\O\tntnt.nl1llJ1U1U1U1tn.........t-I......-..1U1~WW t'4 .... 0 ~ 0\ 01 ~ ...... 0 ~ to -..1 0\ 01 t.n tn tn w to -..1 0\ ~ 0 rt \D f-' f-' o f-' ~ ~ ; ; ~ ~ ~ t'!l t'!l ~ ~ ~ :<t q ~ H ~ ~ ~ 2: 0 ~ n ~ lJl ~ ~ 'tl ..... '" 0"'''' tJl o >< tJl tJl :<t :<t Q) ~ ~ '" ..... lJl H >- lJl n ~ lJl t'!l ~ tJl o ~ o ~ ~ ~ t'!l :<t n o i lJl lJl ~ ~ H H ~ ~ H H H H H H H i i i i i i i lJl lJl lJl lJl lJl lJl lJl ~ ~ ~ ~ ~ ~ ~ tJl tJl tJl tJl tJl tJl tJl ~ ~ ~ ~ ~ ~ ~ 'tl 'tl '" '" '" '" '" '" '" 'tl o 0 '" '" '" '" '" '" '" 0 tJl tJl tJl tJl tJl tJl tJl tJl tJl tJl o 0 :<t :<t :<t :<t :<t :<t :<t 0 >< >< 0 0 0 0 0 0 0 >< Q) Q) ~ ~ ~ ~ ~ ~ ~ ..... '" '" ..... ..... ..... lJl lJl lJl lJl lJl lJl lJl Q) ~ ~ ~ ~ ~ ~ ~ 111 0\ U1 .,.. W ..... ~ I ~ ; ; ; ; ~ ; ~ ~ ~ 2: ~ n n n tJl n 0 ~ tJl t'!l ~ ~ ~ ~ ~ ~ 2: ~ t'!l ~ ~ ~ ~ ~ ~ ~ ~ 8 ~ H ~ ~ ~ ~ o~ ~ 6 lJl lJlOOO~ 2:~ ~ ~ ~ ~ ~ ~ n ~ ~ ~ ~ ~ : lJl ~ ~ ~ ~ ~ lJl ~:~~ E~ >' ~' >f~ ~:~ ~~ n ....... o :<t o tJl t'!l :<t ~ n o ~ ~ H 2: lJl n ~ lJl t'!l ~ ~ ~ t'!l :<t ~ 'tl '" ..... ..... ..... '" ..... ~ ~ o '" '" '" '" Q) '" '" ~ ..... ~ 'tl tJl o :<t 0 ~ rn >< H n ..... ~ 0 w ~ ~ '" ~ :<t o ~ ~ '" 111 ~ tJl tJl tJl tJl tJl :<t :<t :<t :<t n :<t ~ ~ ~ ~ E ~ t'!l ~ ~ ~ ~ ~ ~ ~ ~ 'tl 'tl o o ~ ;:! ~ tJl o H >< 0 Q:<t >< t'!l tJl lJl lil ~ 0< t'!l t'!l :<t ~ o ~ ..... tJl tJl o 0 t'!l t'!l !i !i t'!l t'!l S; S; H H ~ ~ ~ ~ ~ :<t '" tJl 111 0 t'!l ~ !i H lJl :<t ~ :<t = ~ ~ E ~ t'!l ~ :<t q lJl ~ lJl ~ '" ~ w '" w s: 1-'- rt ~ (I) 11 1 III 2: E n o ~ (I) 11 1 III 2: ~ (I) >- Co Co 11 (I) III III > tJ:J ~~ c:ltzJ nl:d ::lIIIu.l tzJ ~t" .. H u.l ~~ 2: G) ~ III 1-'. f-' 1-'. g ~ d -.j TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 2.-~ .:;:::~ :7J ==> I--J CD --0 <.....J ,...~ -~ Date: August , 2007 To: Parties in Interest and. Others concerned with the Decision of the BOARD OF APPEALS in the Application of the following: Application No. : 063-07 Owner/Applicant: TOWN OF NANTUCKET, AND FOR THE SIASCONSET WATER COMMISSION 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. Michael J. 0' 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 73 Parcels 15-20 SR-2 50 Main Street, Siasconset Plan File No. 11-45 Deed Ref. 107/173, 116/457, 109/88, 102/257, 104/401 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 SIASCONSET WATER COMMISSION - WANNACOMET WATER COMPANY, of 1 Milestone Road, Nantucket, MA 02554, Board of Appeals File No. 063-07: 2. Applicant (Siasconset 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 164.75 feet above grade. The lot contains about three acres of land area and is conforming in all respects and, other than as to the height of the structure, would continue to meet all dimensional requirements once constructed. The Premises is located at 50 MAIN STREET, SIASCONSET, Assessor's Map 73, Parcel 15, Plan at Deed Book 116, Page 457. The property is zoned 'Sconsett-Residential-2. 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 400,000 gallon elevated composite water tank on a Town-owned parcel ofland adjacent to the Siasconset Water Department's existing water supply wells and office. The existing parcel is vacant and was formerly used as a softballlbaseball field, with that use having been discontinued in 199H. The proposed location of the storage tank on the parcel is shown on the "Plot Plan", prepared by Leo Asadoorian, professional land surveyor, dated June 2, 2007, a reduced copy of which is attached hereto as Exhibit A. The height of the proposed tank, measured to the top of the handrail on the roof, would be about 164.75 feet above ground level. The new water tower has been proposed to address recognized deficiencies in the existing water system by improving water pressure within the distribution system, increasing the system's ability to meet peak demands, reduce the 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, particularly within the old historic village area of Siasconset. Thus, the safety and well-being of the inhabitants of the village ofSiasconset would 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 new storage tank would replace the system's existing 80-year old standpipe at the intersection of New St. and Lincoln St., whose current poor condition and small size makes rehabilitation an impractical long-term solution. An inspection of this standpipe conducted in 2005 indicated that the structural integrity of various elements of the existing tank have been compromised from corrosion and associated metal loss, and the long term structural integrity of these components was at best highly questionable. Once the new storage tank is constructed, the existing standpipe could be dismantled and removed, eliminating any danger associated with further deterioration of this structure. The Siasconset water system has grown significantly since the construction of the existing tank in 1927 and the usable volume of water provided by this tank (57,000 gallons) is insufficient for the demands of the current system, particularly during periods of peak water use, or during water system emergencies (i.e., water main break, short period pump or control malfunctions, etc.). The current system also cannot provide the necessary level of fire protection at various locations within the system, from both a volume and pressure standpoint. Due to the configuration and height of the proposed elevated water storage tank, the entire 400,000 gallon would be within the usable range and would provide the necessary volume for peak demand periods, emergencies, and fire protection. The Department of Environmental Protection's "Guidelines and Policies for Public Water Systems ", recommends that water distribution systems should provide a minimum of 35 pounds per square inch (psi) of normal working pressure, and 20 psi minimum pressure under fire flow conditions, to all consumers. The height of the current storage tank does not allow these guidelines to be met. The height of the new storage tank would be such that these requirements would be substantially met. By increasing the usable storage volume to 400,000 gallons and raising the height of the water tank the proposed water tank would result in the following improvements in system operation: . Improved water pressure throughout the system . Increased available water to meet peak demands . Increased available water for emergency situations . Improved fire protection capabilities throughout the system · An overall improvement in the safety and well-being of Siasconset' s inhabitants As the tank chosen is a multi-use structure, the base column ofthe tank is available for uses other than just support for the tank itself. In cooperation with the Nantucket Police Department, the Siasconset Water Department has agreed to allow the tank to be utilized as part of a new emergency communications system that the Police Department is planning. At the Siasconset tank a communications control room would be constructed within the tank column, and two antennas would be mounted on the roof. The antenna arrangement would consist of one four-foot diameter dish antenna 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. 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 ofthe maximum allowed of 30 feet, subject to the following conditions: a. The project shall be built in substantial conformance with Exhibit A; and b. The water tower shall have a maximum structural height of no more than 165 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 180 feet. (BOA File No. 063-07) Dated: August Zf{ , 2007 Kerim Koseatac d --.J .~J r~ ", "......~- :~ ::." = N :;0 -0 t....d .s. ee:.. ZONING CLASSIFICATION: SR-2 EXISTlNG: ~~ !IJ- MIN. AREA: . . . ~9,.099. ~~ . . 1 ?5~ . AC:~ MIN. FRONTAGE: . . . .7,5. f1 . . .S.E~ . ~l!--~. FRONT YARD S.B.: . . .30.~. . . S.EE . ~~~ . REAR & SIDE S.B.: . . 1.0. n. . .S.E~ . ~LA~. (PUBLIC - 66' WIDE) :rR~E1 GROUND COVER (%): . !2.~~. . PROP9?~Q .TA~~: 615 SF:f: (STATE HIGHWAY)~~ 5 EXIST. STRUCTURES: 3414 SF:f: NILESJ'i'O.'AT RQ1A.D PROPOSED. 0.7% 'if.. ~ 589''I7~-W-----\ ,) 374.96' n \ . o ~~\tB~s \__J ~SHED GARAGEb \\ (' ' /~i __ \\ EXISTING DUG ~" WELL SHED \ (lYP.) EXISTING. GRAVEL \ DRIVE I \, II I ,-1\ I I. \ SHED/"' \ ~ a':i~ ~ ~~ g :s-' ::: ~ ~t ~~~""<::~ ~<:..... 13:s "1 '" C) \dGj ~ t:i~ C) 6<: I.::: ;::,::'S ~Q ~ I -r N89'16'56.6"W 252.25' 589'i6'56.6.E 379.51' ~ .", "'. ';g .s -1 'I' 'c. PROPOSED 12' WIDE -1 ~ 'I' ~ 'Go s;,-- ~ -1 '" ~ ~ ~~ ~ -1 '" \ ~ -1 'I' $ -1 '" \ '8 AREA = 12,58AC.:t ORIGINAL SIGNED AND STAMPED COPIES OF THIS PLAN MAY BE PHOTOCOPIED BY THE BOARD OF APPEALS OR THE NANTUCKET COUNTY REGISTRY OF DEEDS FOR RECORDING PURPOSES. IN CASES OF DISCREPANCIES REGARDING INFORMATION CONTAINED HEREON AND UNAUTHORIZED PHOTOCOPIES OF THIS PLAN, ONLY ORIGINALLY STAMPED AND ENDORSED COPIES SHALL BE ACKNOWLEDGED BY THE CERTIFYING LAND SURVEYOR. THIS PLOT PLAN WAS PREPARED TO ACCOMPANY AN APPLICATION TO THE NANTUCKET BOARD OF APPEALS AND IS NOT TO BE CONSIDERED A FULL INSTRUMENT SURVEY. THIS PLAN SHOULD NOT BE USED TO ESTABLISH PROPERTY LINES, FENCES, HEDGES OR ANY ANCILLARY STRUCTURES ON THE PREMISES. THE PROPERlY LINES SHOWN RELY ON CURRENT DEEDS AND PLANS OF RECORD. THIS PLOT PLAN IS NOT A CERTIFICATION AS TO TO THE TITLE OR OWNERSHIP OF THE PROPERlY SHOWN. OWNERS OF ADJOINING PROPERTIES ARE SHOWN ACCORDING TO CURRENT TOWN OF NANTUCKET ASSESSOR RECORDS. THIS PLAN MAY NOT BE USED FOR ANY OTHER PURPOSE THAN ITS INTENDED USE NOTED ABOVE. C 2002 Blackwell & Associates Inc. FBK.: b _ L wg. _ / Plot Plan to Accompany Board of Appeals Application in Nantucket, Massachusetts SCALE: 1 "= 120' DATE: JUNE 2, 2007 Owner: . .IN.H~B.IT~~T? .o~ ~h~ .T~~N. ~F. ~~NTU.C~E;T. SIASCONSET WATER DEPARTMENT 107/173.1i6i457,.109/88............. . DeedjCert.: 1.0?1.2~71 )0.4/491 Pion: 1.1:-15. . . . . . MAP: 73 Tox Mop: P.A~C~L.S:! 5.-?0 Locus: .5.0. ~AI.N. ~T~Ep . BLACKWELL &: ASSOCIATES, Inc. Professional Land Surveyors 20 Teasdale Circle Nantucket, Massachusetts 02554 (508) 228-9026 B- 5756 oser e .. \