Loading...
HomeMy WebLinkAbout1984-June-8BOARD OF APPEALS Nantucket, Massachusetts MINUTES of the June 8, 1984 hearing. A Public Hearing of the BOARD OF APPEALS was held at 1:30 p.m. on Friday, June 8, 1984 in the Town and County Building, Federal and Broad Streets, Nantucket. Because of the concern of Town Counsel that not everyone would be able to attend the meeting, excluded only be- cause of the size of the crowd, the meeting was recessed until 2:00 p.m. in order to reconvene at the High School auditorium. Public transportation was provided for anyone who needed it. Present were, Andrew Leddy, Chairman, Lydle Rickard and Eileen Cahoon, Regular Members and Linda Williams and Harold Taylor, Alternates. (Notice of the change of location was posted on the Selectmen's room door.) The minutes of the last meeting were accepted without reading them aloud. There was a miscellaneous item brought to the attention of the BOARD: a request on the interpretation of wording in the By -Law. Problems have arisen: Hatch's, Marty's. It was moved that Town Counsel consider what is the proper procedure for interpretation or modification. The first Application to come before the BOARD was that of MARIE LAMB (040 -84). Cahoon, Williams and Leddy sat on this case. Wayne Holmes, Esq. spoke on behalf of Mr. Lamb. He told the BOARD that this appeal for a Special Permit to erect a portable bituminous concrete and concrete plant came under Section 7(I) of the By -Law, the expansion of a pre- existing, non - conforming use. The location has been in continuous use as a construction site since 1969: there is an affadavit from Mr. Lamb attesting to this. Richard Sachs, director of engineering, expects objections from neighbors near Hummock Pond Road, but wishes to remind all that the plant was there first. The Commonwealth of Massachusetts makes no provision for anticipatory nuisance; one can only wait and see. There were many questions and comments from the BOARD and from the audience. -2- -une cont. Is there a cement plant on the site? Yes, and it has been in constant use. Ready -mix cement. Isn't this appeal for a change? It's an expansion of an existing plant: rot mix and cold mix. It was filed after Town Meeting. There are two statements, one an out- line of the asphalt plant which will recycle old asphalt, but not exclusively, and an affidavit. Among those present who oppose this application were Will Rock, Jr. who owns Lot #20 at Deer Run. His property is only 200 feet from the cement plant: it runs 7 days a week and he wakes up and goes to bed with the noise. On April 9th of this year he had his water tested (a chemical taste had been noticed) and it was pronounced "UNFIT FOR HUMAN CONSUMPTION ". Twice there has been excavation two feet below the water table and in the "landfill area" everything under the sun goes into that pit. There is no cement plant visible and the "environment is seriously damaged ". This is carte blanche expansion. The EPA has a formal complaint. Debbie Johnston at 91 Hummock Pond Road, an abutter of abutters, said they have had trou ble with their water supply for the last two years and are awaiting the results of tests. Linda Holland spoke as a member of the Planning Board, saying the application was wrongly before this BOARD; not an extension of use but a change. She also believes it was improperly set before the BOARD with an inaccurate list of abutters. Dr. Peter Dunwoodie, a scientist with the Massachusetts Audubon Society which owns land h mile off Hummock Pond, is dis- turbed by this proposal. He advocates the conservation of resources, says there are several studies underway on the Island. His concern is the proximity of the site to Hummock Pond plus to private dwell- ings and the possibility of water pollution. He quoted Carl Borchert, an engineer, who says the ground water flows from Lamb toward Hummock Pond, through his own well. He also expressed concern with the clean- ing of trucks, kerosene in the ground water would be a serious problem. Present noise and traffic is tolerated, but an increase would be very undesirable; a disturbance to both people and wildlife. There is a considerable amount of junk in the property and the light stuff tends to blow around. -3- June 8, 1984, Cont. Tricia Anderson-,-an abutter of abutters on Deer Road, says she, too, has had trouble with drinking water. Michael Driscoll, Esq., advised keeping to zoning: asphalt plants not allowed in Limited Use -2. Mr. Chaleki said a concrete plant is operating out there, but he doesnt know about an asphalt plant Mr. McGrady says an asphalt plant was there: portable when the Elementary School was being built. He feels other neighbors have rights. Linda Holland insists asphalt is a change, not an extension. Wayne Holmes insists it is not a change in use, always con- struction. He maintains that Town Meetings do not supersede state statutes. He offered that reliable data would be made available in a few days if desired. A letter from Ralph M. Gasperello of Hummock Pond Road was read. He is opposed as a member of a residential zone believing the further expansion would be undesirable because of noise and pollution. This case was taken UNDER ADVISEMENT, giving a week for the submission of additional materials. The next Application to come before the BOARD was that of CRANBERRY CONSTRUCTION (041 -84), a Massachusetts corporation seeking a Special Permit for an employee dormitory under Section 6(F) of the Zoning By -Law. Richard Glidden, Esq. represented Bob Cayer, who builds houses here. He has 7 houses under construction, has hired men, but has no housing for them. This building would be next to the White Elephant dormitory, down on Brant Point. He has 6 -12 people on Island at any given time. Would add an outside stairway for fire purposes to the 6- bedroom house. He would ask for a limit: no more than 12 at a time in residence. The building which is 36'x48' has been moved to the site. This application was filed May 7, a month after Town Meeting which voted in employer dormitories in any area. There were many comments, both for and against, from the audience. Lily Mitchell, a businesswoman in town said it was a step in the right direction and served a need. Michael Driscoll, Esq. wants to wait until the Attorney General w Q-C There being no further business before the BOARD this very hot day, the meeting was ADJOURNED. .l S 1�y� S I qim' +A..�. H