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Home My WebLink About011-84., TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March 2$ 1984 Re: ARC CORP 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 General Laws, and shall be filed within twenty(20) days after this date. ~t~r~rer.v ~ ~ e.~ ~~ ~7 Andrew J. Leddy Jr., Chairman BOARD OF APPEALS Baia ~u ~ ~/~P~ ~~ TOWN OF NANTUCKET BOARD OF APPEALS NANTUCKET, MASSACHUSETTS 02554 March28 1984 DECISION: At a meeting of the BOARD OF APPEALS held on Friday, March 16, 1984 in the Town and County Building in the matter of the Application of ARC CORP(011-84), the BOARD finds: 1. The Applicant proposes to erect and operate an asphalt plant on premises leased from the Nantucket Memorial Airport Com- mission in a district zoned RESIDENTIAL/COMMERCIAL. 2. Under Section 4C(2)(c)(11) of the Zoning By-Law the BOARD is empowered to allow by Special Permit "Asphalt manufacturing facilities". 3. Based upon a review of the Application, supporting documents, plans, the favorable recommendation of the Planning Board and testimony given at the Hearing and there being no opposition to the Application, the BOARD finds that the proposed asphalt manu- facturing facilities would be in harmony with the general intent and purposes of the Zoning By-Law. 4. For the reasons set forth, the BOARD hereby GRANTS the Applicant a SPECIAL PERMIT under Section 4C(2)(c)(11) of the Zoning By-Law, by UNANIMOUS vote. Dated: Nantucket, Mass. March , 1984 ~~c~~.~~ ~ _ ~ .'~ `~~.~~~. A•a,F, ,~'0 o~o_ AB-1 FEE ~/j1'U ~i APPLICATION TO THE BOARD OF APPEALS NSust be filed in duplicate and both signed p l ~-- Case i~o. 0[ l- b '`~ 2 L$ yv NANTUCKET February 10 ,198 4 To the Members of the Board of Appeals: The undersigned hereby applies for relief from the terms of the (ZONING BY-LAW) (BUILDING CODE) on property described below: Location of Property_On South a; d of Travel 1 PA Way, ASa ~ i~-G4 ~ F,9 • Exhibit A • Lot No. see plan of M. Bachman, 1/12/84 Plan No.included ;n T,c Plan 1375 District is Zoned for RC 2 Ai r~ort Arti r~l r~ 28 /1 98'~- T e of structure Existin or Pro ose~~ ornSrouose~nusesillesps including ~ ( g P P P A halt Plan Owner's name Nantucket Memorial Airport Commission Lessee' 9Waw~ s Name ARC Corporati nn Qwner~s Address Field Road,. Nantucket- ., - - "USE" Page 3 of lease(Exhibit "B" When did you acquire this property?_~; cP f rom A i rport CorrLm i_ s ~ i on Jan . , 19 8 4 Has application been filed at Building Departmen? No Has any previous appeal been made? NO Section of By-law or Code from which relief is~eguested: under 4-C Res. C`omm_ , SECti on 2 ExC -~ti ons _ (_+ Sew+i nn 1 1 and i n c~on;unr-t-i nn i-hPrPwi t-h § 2,4, &7 Reason for asking relief :_ To erect and operate an asphalt plant to provide a competitive source of asphalt road mixture, for the benefit of the economy of Nantucket. Signature of Owner c ~- ~~, . y Air o t Mana~ r Signature of Lesse ~s-ti+~..~z.' ~• ATTACH: (1) ~ list of the names and addresses of each abutting owner and owner abutting the abutters. ~, ~QO rOn (2) Check in the amount of $~0 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (1~) I~ the applicant is other than the owner, please indicate your authority to m~1~e this application. ~~~~~- e ~ BOARD' S DECISION ~ ~ ~ ~ l~~ _ ~~ Application submitted to Board ~ /~ ~~`~ ~~~~ Advertising dates Hearing date Decision of Board Decision filed with the Town Clerk i / 1 S ' s , i ~~ ~~ ~~ ~~ 1 'x .j ~,, ~` I~ i~ ~ t af'~ , ~ '~n... 'r~ ~' ; ~• i ~`! -. _f ::; ;} ~ . ~°, Y' ,~~ - 1, ~% i ~~- ~ ~ ~ ` ~ ~ ~ ~. ~- a ,; ~" ~ ~, ~, _ ~_ ~ ,r 1, ~. ~,>`_~ ~~ ~ r ~, r ~ ~, `. ~ J `` \~' ~ f. ~ . , i ~1' ~ .. n ~ ^ Y • ...._ r ~' M. .. t~. .. .. r ...~ f' -- r - /. , .-.. 4~ ~ ; ; + ~,, ' '4 -. , i ..,Y r J ~.r`. ~ X `,q / ~ ,~ •' '° ~. ~• , ~! ~ ~~~ ;* r ti \'///fit ~ { ~~`f~~ ~' C~.~t 4~~`. ,r ~ ~ i ` t FNS -. r. '~' I' ~ f ~ ~ {~ ~ ~~ F. ~. i ~~; ~, ~.~ _ ,' ~"X'v""v ~,. ~ , , ~L 2 A .... ..._.~. .. %:r ~ .. ~ _. ,. ~ '~ .';,n .. c . .~: F ~; , ,, ; er ~ ~ L ~~ ~, ~-X/~11~~r ~~ ~~ V ~' ~ ,~ ~ ' ,~ ! , 1 ~~ ~ 4 ~ ~ II < ~ a;~ , , ~ ~ cI ti , ~.~~.. ~,, -, ~ !~ ~ i I ~, ~` i , a )/ ~' r ~r' ~! ., I t ~~: , ~ ~ - - _ ~/ t ~ _. , ` I z. ... . ) '` 1 ;, .. , ~{, r~ ' ' ,4~ ~ ~;, i_' ~,... 1 ' ~ l ~` ...~.. ~~~ ,` / I ~ ~ a ~ ~ {F r , ~ ~ - L 9 tt 7~ .~ t~ . ~~~ t(~ ' ~ ~y ' ,:>. ~ <. '~ #~ -! , , ~~'' f ~ ~ ~~ \ I ~ I ` ] f ~ . 11,..5 j~ ... ~~. ~ ~ ~ y ~ ^ ~ ~ I ~ ~ ~ ~ ~' ~ w ~9 ~ ~'-. i ¢ i ~' ~ .. yr •, ,'~ r ~ -n ~ X r ._, t ~ C ,.. . , ,,. . ; ,, ~L 2 1 k t ~ Associa~~'on, using the same standards and laws as at~plirahle to proceedings before the Appellate Tax Board of the Commonwealth of Massachusetts. 6. Use of Premises. The Land is to be used by the Lessee, ana those claiming b~~, through and under the Lessee, for the storage of road building materials and support equipment; and activities incident to the operation of a road construction business (including storae~e of fuel oil ane? gasoline, for not more than two 500-gallon tanks, one 5,000- ..gallon underground tank, and one 10,000-gallon underground tank, all of which are for fuel oil. In addition, the Lessee shall be allowed to store 25,000-gallons of asphalt oil and 1,000 gallons of gasoline. Said gasoline shall be stored in an underground tank. Aggregates shall be stored in an und~~r~?r~~un~? tank. There is to be no borrow pit. The Lessee ma~• en~~ac?c in other lawful activities, subject to the approval of the Lessor, which :;hall not be unreasonably withheld. 7. Improvements. The Lessee may make improven~~ents to the land, including erection of buildings, paving and landscapir:~ and any other lawful improvements consistent with the permitted uses of the premises, including but not limited to underground fuel storage tanks. The Lessee shall have the right, at the time of termination of the Lease, to elect to either (a) remove all buildings at its own expense, in which event it shall remove all of said buildings at any time after such termination and in any event not later tran thirty (30) days after written request from the Lessor, in which event it shall restores the surface of the Land to grade and to a safe condition, or (hi relinquesh and abandon its interest in the buildings to thc~ Lessor, in which event the buildings shall belong to t. }:, l,c~~-.sc~r without obligation to either property. -3- r ti ~~ NOTICE A Public Hearing of the BOARD OF APPEALS will be held on FRIDAY, MARCH 16, 1984 at 1:30 p.m. in the TOWN AND COUNTY BUILD- ING, FEDERAL AND BROAD STREETS, NANTUCKET, on the Application of ARC CORP (011-84) seeking a SPECIAL PERMIT under SECTION 4(C)(2)(c) 2,4,7 & 11 of the Zoning By-Law. If granted, the Applicant would be permitted to operate a road construction business and erect an asphalt plant with attendant activities. The property is located on the South Side of a Traveled Way, ASSESSOR'S #078-04&69 on land owned by the NANTUCKET MEMORIAL AIRPORT COMMISSION. The property is zoned RES- IDENTIAL-COMMERCIAL-2. BOARD OF APPEALS Andrew J. Leddy, Jr., Ch irm"an N AB-1 ~~~ ~~ FEE APPLICATION TO THE BOARD OF APPEALS Must be filed in duplicate and both signed Case No. Z L`~° / U NANTUCKET February 10,1984 To t}ie Members of the Board of Appeals: The undersigned }iereby applies for relief from the terms of the (Z`JNING BY-LAW) (BUILDING CODE) on property described below: Location of Property_9n South mid of mravallPd WaX,, A~~ n ~~_nd r. F,q Exhibit A Lot No. _see plan of M. Bachman, 1/12/84 Plan No.included in r,C plan 1375 District is Zoned for RC 2 Air~or Art; cl a 28 /1 983. T e of structure Existin or Pro ose$~ oonsit,ouose~n besiness including ~ ( g P P P Ast~hal t P7 and Owner's name Nantucket Memorial Airport Commission Lessee' 9w~-'s Name ARC Corp~rati nn Owner's Address Field Road. Nan~.~ckPt When did ou ac uire this ro ert ? "USE" Page 3 of lease (Exhibit "B" y q P P y• - L _aG _ from Airport Commi psi on Jan. , 1984 Has application been filed at Building Departmen? No Has any previous appeal been made? NO Section of B,y-law or Code from which relief is_r:equestP..ci: under 4-C R _~. mm, , Section 2 Ex t~tionG C, Section 11 and in onjun ion herewith ~ 2,4, &7 Reason for asking relief: To erect and operate an asphalt plant to provide a competitive source of asphalt road mixture, for the benefit of the economy of Nantucket. - ` `' ~ . Signature of Owner -~ ~' ,, ~- y Airport Mana r Signature of Lessee ( ~ ~" ~ j',~ r~•.~, ATTACH: (1) A list of the names and addresses of each abutting owner and owner abutting the abutters. ~L~'~~~y (2) Check irl the amount of $~0 made payable to the Town of Nantucket. (3) Map or plan showing the location of the property to be considered. (~) If the applicant is other than the owner, please indicate ,your authority to make this application. BOARD'S DECISION Application submitted to Board Advertising dates Hearing date Decision of Board Decision filed with the Town Clerk ~ ~e ~~~.~ ~.- ~a..~ ;; ~~~~ ~~ ~~ t 1~`~ t, l S 7 ~' ~_~ . j _. ~ ' ~ , ~} ~f `%: i~ ~• y ~i `~, . ` ~ i i / ,, j ~ ~ ~, a ', _ ~ 1 ,~ > ,, _. ,. ;- ~ ;, ;, ~. :~ ~. ~e i 1~.f "' 'l i4' iJ 0 '" .l :. r, ~\ ~\ ,y `` i ~ ~ ~ .. F ~ r .! ,, 't . ' ~ { ` c ~ _ ~ Fj.. _. M..- i~~. .'n~ ~„ ~_4 ,. :.: .:. ~ ~ y` Jy. ~~ r ,~ ~, 9 ~ ~ fi.. `., i t .. t.. ~::,~ a !. + ~, a K .M* s ,~~, rt s. iT `. _ _ ~ ^~.. ~ :,dam r\-"`~ "K,~ ~' ~' 1"". `' ~~ ~'~_ a~ ^' ~! ,. ;} +, ~ ~ ! ~, ~ • '.., ~~ , 9 ~...~ `~'~al-tea`. *„+ia`x s .__ ,a«,~~x-.~~rawr~ a . I: "4 ~~ r' x r .~ y ~. ~~ ,~ ~~/1~NT r ~ . ~ t ~~ I ~ '~ F ~', t ~. I 'I ,1 '"~ ,. ~ '~ . F ~,~~ ~~ ~ i N.. i ~. r ~ , /, .Wr/ a` ~, ', U V ~ ~- -~- I ,~ ,L ~ .t X~~ ~ ~~ ~~ M r Association, using the same standards and laws as ~~,-, 1 i~r~-rhl~~ to proceedings before the Appellate Tax Board of the Commonwealth ~~` Massachusetts. 6. Use of Premises. The Land is to be used b~: the Lessee, an~3 those claiming h~,~, through and under the I,e~,sc-~~, for the stor~-rge of road building materials and support equipment; and activities i.nc.ident to the operation of ~, ro~.d construction business (including storage of fuel oi.l end gasoline, for not more than two 500-gallon tanks, one 5,00~- gallon underground tank, and one 10,000-gallon underground tan'r, a.ll of which are for fuel of 1 . In addition , the Lessee ~,h~i 1 1 be allowed to store 25,000-gallons of asphalt oil and 1,OOn gallons of gasoline. Said gasoline shall be stored in ,:,n underground tank. .Aggregates shall be stored in an unc?,~r~~r~~,:;,:~! tank. There is to be no borrow pit. The Lessee ma~• ~~•n<a~lgc i.n other lawful activities, subject to the approval of the Lessor, which ;hall not be unreasonably withheld. 7. Improvements. The Lessee may mak;e improvements tc~ the land, including erection of buildings, paving and l~,ndscahii. and any other lawful improvements consistent with the E~~~~rmittccl uses of the premises, including but not limited to under.^round fuel. stor~~ge tanks. The Lessee shall have the right, at thc.r time of termination of the Lease, to elect to either (a) remo~~c• all buildings at its own exF~ense, in which event it shall remove all of said buildings at any time after such terr,inat.~or. and in any event not. later tr~1n thirty (30) days after written: request. from the Lessor, in which event i.t shall r<~stc>r~~ th~~ surface of the Land to grade and to a safe condition, c~, !i. ~~I relinquesh and abandon its interest in the buildings to thc~ 1 ~ •ssor , i n ~~~I~~ ~ rh c~vi~nt true E~~ir i ld ings shall l~~c lc>n~~ r ~; f:~ , ~ ~~ without obl icration to either r:~roperty. - 3- Ly ~' ~ . _ fir.--- _ -__ - -~ __.-. ;i E !~ { 4 q ~ ~~I 1 ~ ~ ~~ ~I A; ,~.._, ~ ~- ~, i ; , /~ ~ ~ % _, ,~-~ ,1 -~ ,/ ~ ' I ' { ~~~ / I ~ ' • r- ,~ ~ ~ ~ + / 1'~ i ~! fir,, i ' ~ s ~~ ~ . I , iii • ~~ ~, ~~~ ~ 7 i~~ p` ~ j,, ~,~ / ~ !~ ~L, 7 ' ~ t ~` ~ ~ ~, s ~ ~.: ~~ ~,~ ~': c ~. ~ ~~ ~~. //` 1 `a !; 1 i R ! I ~ ~ i .__ . ; , ; '~ /' ~ ~ ' . ~, _ . ;. -_ ! _ --- _._ .-___ 0 __ ~ T _.... _ ~~ ~ ___ .~ _..~ 9 ~ -- ~ ~ -~ ~ --~~..----"' ~ l ~/ - ~~ ~ / ~ ~~~ ~ ~ 1 t.F:~ l~ ~ ~ ~ _. ~ ~,.~ i 1 ~ ~ ~ ~ ~ ~:,~. .: ` ,. F ~\ `c T .F .c ~.,~ - / ~ t'~~ r ~ ~ ; ,~ ~ ~ ~~ ~ ~~ • :;\4 h ~~ ~ `` ~: -- --~ S 1 f ~ 5i ~ ~ ` ` ~, j ~~ \ !r!' J ~ /illl'1'NLN/7'D7y KJ^ + ~ ~, _ \ \ i ti ~" • .\ 1 1 { ~. - ! .. ~' /' ~ ~ ~~~ _ J• ~ ~~~ ~~~~.~ ~~ _ 1 _ ~\ P~~IA/~ G~" .C ANL' /h N A N" ~' U.C K .E T , 7Yf A . ~'~' ~~ .. '7'0 .aE, ~.~Ehs~ ;'~ a ,~1. R C ~v~~al~e.4r,~N .?GI,C.E / ~ = ~f-00 ~ ~l~TE ~ J.4 N. ~ ? , r a~ 8'~' Irt r Cti~~..E ~. ~ ~a.~c t r rn ~ ~~ ~ ~ ~. 5 . NAN7UClCET •~'~~~E7, N1lN7J~K~ET , 7HA. i- ~v~~-.. w_ .~ -... `~` `~ MICHAEL DRISCOLL -. " Attorney at Law Nantucket, Massachusetts 02554 Post office Box 898 February 10, 1984 16171 228-only Madeline G. Perry,Town Clerk Town & County Building Nantucket,MA. 02554 Dear Mrs. Perry: I think the note below is clear. Kindly file this and I will as stated below deliver other copies to Mr. Leddy for his use. Since ly yours, ~- ~~ ~~= 1G'I1CL~iAEL DRISCC~LI_ ~.tCOCncy at 1_aw Nantuckcc, Maszachusrtrs 0?55~} 1'o_~t. Ufficc I3ox 898 DATE February 10,1984 To: f-" _1 Andrew J. Leddy,Jr. Esq. suf3~l cT ARC Corporation CHM Board of Appeals Special Permit App NAntucket,MA. 02554 Locus AIRPORT ~-- -' MESSAGE Dear Andrew Leddy: Enclosed is my check for filing fee in above captioned case. I am delivering one copy to Mrs Perry,Town Clerk, and will deliver the other four copies to your office. I expect to have the 180± names of abutters and'nex o' within 300 feet of the airport boundry by Monday next. - - Please advise if app is complete. siGrvED ______-_ ___ - ___ _.~GK.~..:~z.. Thank. you----_.. __ __ _. _ _ _ ------------ __---- _ _ __------- _ ---'-__. _ _ ~ - iJATE INVOICE AMOUNT- ~3-~`!+Z LAW dFFICES 0~. t ~. MICHAEL. DRISCOLL fmr~ _ _- ---- --- -- 6 0 6 3 AY , _~, IRS DATE TO THE ORDER OF ~ GROSS _ DESCRIPTION T- piSC CHECK AMOUNT --T-- r~-T_._~___ .-r---- ------~------ - - - --- -- L I I . --L---~- - Fi c a, (fED WITH-1"- ------L- --L -- PACIFIC NATtONAL F3ANK. NANTUCKET, MASS, ''! + +' C~ ~ i, 3 0 5 4 2 2 t: Ll 0 C~ ~ 4 ~, 5 II'