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.
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-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.
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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
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There being no further business before the BOARD this very
hot day, the meeting was ADJOURNED.
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