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Home My WebLink About018-81A v ~~ ,~ j Re: Town of Nantucket Luninl; I3u~Yr~l u f ,~l1-l-palx Nantucket. Macs. 02554 April 29, 1981 OPEN LAND FUND, INC. (018-8L) o/~' ~ ~~ Enclosed please find notice of a decision of the BOARD OF APPEALS which has this day been filed with the Town Clerk. Any appeals from this action shall be made pursuant to Section 17 of Chapter 40A of the Genetal Laws, and shall be filed within twenty (20) days after this date. ~~~~ ~~=~ ~~~ o~ Rot~ert F. Mooney, Chairman rJANTtJCKET BOARn OF APPEALS BOARD OF APPE~IS Nantucket, P~~ssachusetts DECISION: At a meeting of the BO.?aRD ~ APPF~AIS held Friday, April 10, 1381, at 3:00 p.m., in the rna.tter of the application of OPEN LArID FUND, INC. (018-81), after due deliberation, the Board found: 1. This is a petition fear a use variance aryl application far a Special Permit to allow the removal of f_.ill frcrn a parcel of land on the Nxadaket Reid far the purpose of providing the Town land-fill site with. covering soil without cast to the Town. Th.e Board makes the following f irxiings of fact : The Petitioner awns a large tract of wer 100 acres of vacant land adjacent to the Town land-fill site on Madaket Road; it proposes to permit the Tawn use a parcel of 2.5 acxes next to the existing land-fill for the p~pose of extracting arr3 using fill for coverage of~the public disposal area.; the Town has an immediate rerui"~ement of 4.0,000 cubic yards of fill to operate under present DE~,?E regulations; the Town would not be charged far this fill, but would undertake to restore the site to its natural condition after use. '.t'his area is ncn~r zoned LII~`~1TED USE C~~T~AI, II. It is an entirely urxl~eloped area of natural scenery arr3 na dwellings. Its location next to the Town. land-fi_11 site makes it highly undesirable for residential us®, whereas the needs of. the public land-fill operation are constantly ~_ncreasing. 2. t~'e find the situation presented is an unusu~-~l problem on which the ti~carding of the zoning by--law is ambicruous. The proposed use is not a commercial venture on tl-ie part of the applicant. It does neat ~aropose to use its land but to give away a px3rtion of the sub- soil for public purposes. The public will benefit frcxn this opera- tion by increasinc the utility of the Town land-f_ill site at a minimal cost. We believe a variance in the use of the Land would establish a dangerous precedent under the h'I'-law, but in accordance with our responsibility to interpret the Axisting law for the public benefit, ~~e find this case merits relief frcrn the limitations of the zoning by-law. 3. For the reasons set forth, the application for a Special Permit is granted, to permit the use of a parcel of 2.5 acres of land located irmcdiately adjacent to the Town ]..and-fill. site on the Madaket Road, being shown on Iar~d Court Plan No. 35656, far the purpose of removing fill as a gift to the Town of Nantucket, with the provisions that the land thereafter be returned to its natural condition. This Special Permit shall be for a period of one year, with the riclht to apply far extension within that ?aeri.ocl, with tine approval. of the f'~~d of Selectmen. I3CtARD C~' Ar'PEP.ZS ,- _. _..i ~ /// -moo _~._ ` ~ J'. ~pr 0 ..: ~_.Ji:. u:L'aYaG~PS~F"R~Y6"e~':'~. -. i~. ~F}~y U 1 NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, APRIL 3, 1981, at 3:00 P.M., at the TC~V~i~T AND COUNTY BUILDIPJG, FEDERAL AND BROAD STREETS, NANTUCKET, on the Petition of OPEN LAND FUND, INC., for a variance from the provisions of SECTION 4-A, PERMITTED USES, and a Special Permit to extend a non-conforming use under SECTION 7-H of the Zoning By-Law, to permit the removal of fill as a gift to the Town. Said property is shown on Land Court Plan No. 35656 and is located off Madaket Road and zoned LIP'[ITED U5E GENERAL II. ~ 1le`~~ ~~ra~~._~~. ~ ~v~ ~~ BOARD OF APPEALS Robert F. Mooney, Chairman AB-1 FEE Case No. ' APPLICATION TO THE 80ARD OF APPEALS Nantucket To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the ~ "~ (ZONING BY-LAW) ~€~€~~on property described below: Location of Property Madaket Road and Massasoit Roa~,~ Lot No. 13 Plan No. 3 9 ~- e ~~ District is Zoned for LUG-2 Type of structure (Existing or Proposed) or proposed use: Owner's Name OPEN LAND FUND, INC. Owner's Address P.O. Box 1271, Nantucket, Mass. 02554 VJhen did you acquire this property ? ~Q~amh ,- 2 q~, ~ 9 ~ n Has application been filed at Building Department? has any previous appeal been made? No No Section of By-law or~Code from which relief is requested: Special permit and/or variance from Sections 4A, 6D, 7 G, and 7H, or any other pertinent provision of the Zoning By-Law Reason for asking relief: To allow the Town to accept and extract a gift of fill from the Open Land Fund, Inc. OPEN LAND FUND, INC. Signature of applicant By; •~~~; !/_ ~-uQ~~, ATTACH: (1) A list of the names and addresses of each abutting owner and awner abutting the abutters. (2) Check in the amount of $50.00 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (4) If the applicant is other than the owner, please indicate your authority to make this application. r BOARD'S DECISION Application submitted to Board ; Advertising dates Hearing date Recision of Board ___ Decision filed with the Town Clerk I/~f~Oy~t • ~ .,1_ h ~ r 5 / ` ~ _ `~ 1 ; ~ ~ ff , ~ f ~^.i.U ` r't ~~' .~~ ~~~~~ ~ . ~ °~ it (~ 1' ~" r ~~' '~-.. "'` .~^>};~`'~ ~ a i." tip, ~_~~~:~ ' ~ '~ ~ :~~ n~' w.. q ~ ~ • I ~ ~ "~ ~ +' ~ ~ . I A ~`.... ~ ' 'r .t,. ~ ~ ~ ~f 1~ ~ `' ` ~ , g.7 ~ ~ f r s `h J ~ ~~ /~ ~ .• l~yrt'~~~ ~~~ ~ ~ ~Sf ~ r '~ r r ~ r ,..~ { .,. ~ ,~ r .. A~, t~+r2..~ J f ~' t ~~~~~, ~. r . 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