HomeMy WebLinkAbout025-85d
f"
TOWN OF NANTUCKET � cD � �(f�
BOARD OF APPEALS
NANTUCKET, MASSACHUSETTS 02554
March 21 91985
M
Re: WALTER J. GLOWACKI AND ANNE GLOWACKI (025 -85)
v>
t-
ro
Enclosed, please find notice of a decision of the BOARD
OF APPEALS which has this day been filed with the Town
Clerk. cn
r
Any appeal from this action shall be made pursuant to
Section 17 of Chapter 40A of the General Laws, and shall
c�
be filed within twenty (20) days after this date.
�LJ , I Cli
William R. Sherman, Acting Chairman
BOARD OF APPEALS
TOWN OF NANTUCKET
NANTUCKET, MASSACHUSETTS 02554
DECISION:
The BOARD OF APPEALS at a Public Hearing held on WEDNESDAY, MARCH
13, 1985 at 1:30 p.m. in the Town and County Building, Nantucket, ren-
dered the following decision in the Application of WALTER J. AND ANNE
GLOWACKI (025 -85) whose address is Old South Road, Nantucket.
1. This is an Application for a SPECIAL PERMIT under SECTION 4C.2.c
(11) of the Zoning By -Law, to resume operation of a new hot -mix asphalt
manufacturing facility. This new facility was operated in the third
quarter of 1984 after installation on Applicants' premises off OLD SOUTH
ROAD, Assessor's Sheet 68, Parcel 57, LC Plan 16514 -2, Lot 184. According
to the Building Inspector's letter of September 26, 1984, copy received
at the hearing, operation of the new facility was ordered to "cease
immediately upon receipt of this notice." The new facility was deemed
a "substantial extension" of the grandfathered use of a pre- existing,
non - conforming (batch -mix) facility and thus to require a Special Permit
in the RESIDENTIAL - COMMERCIAL District. Enforcement proceedings followed
leading to Applicants' being before the Board now.
2. At the Hearing, Applicants' attorney presented a statcment, ropy
dated March 13, 1985, received in our records. The engineer /project
manager amplified, indicating in red the newly -added facilities shown on
a diagram of the parcel, accompanying the Application form. These new
elements are integrated into the existing batch facility sharing a
common computer -aided control, also oil supply tanks and "bag- house"
(no. 55 -fine screener on the diagram). He expressed the opinion that the
respective hot -mix and batch -mix operations would not, and probably
could not be operated concurrently with risk of overloading the filta-
tion (or capture) of fugitive particulates (dust). This results from the
design of the computer control system.
3. The Applicants' statement characterizes the hot -mix or drum -
mixing process as considerably more quiet and clean than batching, the
facility having a lower profile, essentially no vapors (other than water)
fumes or particulate emissions, the latter due to DEQE- commended tech-
nology used in the bag- house. Applicants answered abuttors at the
(025 -85)
Hearing in this way regarding noise and air - pollution concerns.
4. Having been presented with no contrary evidence, we find that
Applicants' use of the new hot -mix facility, subject as it is to the
regulatory controls and inspections of the DEQE and EPA, will not be
in violation of By -Law SECTION 6D.1.
5. We were urged to exercise caution in conditioning grant to Appli-
cants of the requested Special Permit in view of alleged prior By -Law
violations. Applicants' attorney explained that a prior Special Permit
this Board had granted in August 1975 in connection with the batching
process was viewed as sufficient until the recent enforcement proceedings
No adverse showing was made to us that would establish bad faith on the
part of Applicants in taking that legal position.
6. Apparently because the hot -mix process makes extensive use of
pre- existing facilities under the 1975 Special Permit, the new facilities
do not themselves qualify as a Major Commercial Develop ment Facility
according to Applicants' reading of By -Law Section 4C.2.d (see especially
subsections [1] and [5]). We find no reason to condition our action
on this being determined by the Planning Board but caution Applicants
to be mindful of this in any further expansion.
7. Attorney William Henchy, speaking for abuttor John Kendall argued
that the 1975 Special Permit had lapsed by its own terms. That issue is
not properly before us, although such lapse, if established elsewhere,
might make any relief we grant only a partial satisfaction of Applicants'
requirements for a Building Permit and Certificate of Occupancy with
respect to.the hot -mix facility.
8. Based on the record in this Application, the develop—tent of
residential housing neighboring Applicants' premises was subsequent to
operation of the batch -mix and other more -or -less noxious operations
there. Applicants have purchased 5 or 6 lots abutting residential lots
and were represented as anxious to hear and respond to legitimate com-
plaints of their new neighbors. While conditioning our action here on
(025 -85)
confinement of commercial operations to the premises, we did not find
basis for requiring fencing along south and east lot lines. Similarly,
we did not find basis for reducing the times of operation allowed in the
1975 Special Permit. However, concern seemed valid -0 rucks and other
vehicles used commercially by Applicants, their suppliers and customers
enter and leave the premises only via Old South Road, using Applicants'
private way.
9. The site is not within the Aquifer Recharge District. The new
facility is designed, we understood, to minimize any risk of ground
water pollution. The Planning Board has recommended our favorable action.
10. We find that the new hot -mix asphalt manufacturing facility meets
all criteria for the award of a Special Permit. It is in harmony with the
general purpose and intent of the By -Law, and it is not substantially
more detrimental to the neighborhood than the prior batching process
(now partially obsoleted by higher Planning Board standards for bitumi-
nous concrete used on public roadways).
11. Accordingly, by UNANIMOUS vote, we GRANT to Applicants a SPECIAL
PERMIT to use the new asphalt manufacturing facility as now located on
the premises with the following conditions:
a. within the same operating hours of 7:30 a.m. to 6 p.m. daily
Monday through Saturday (as provided in 1975 Special Permit);
b. in conformity with Federal and State enviromental protection
laws and regulations;
c. commercial vehicles ingress and egress being restricted to
Old South Road;
d. all commercial operations being on the premises and not ex-
tending into neighboring residential lots for storage or
otherwise; and
e. further conditioned upon Applicants remaining in full com-
pliance with this Special Permit; otherwise, it and any
• (025 -85)
Certificate of Occupancy issued with respect to such-new
facilities shall immediately lapse upon any non- compliance
to be reinstated only by action of this Board.
Dated:_ March 21, -1985
Nantucket, MA 02554
William R. Sherman
Andrew J. Leddy
Li Ada F. Williams
3j
NOTICE
A Public Hearing of the BOARD OF APPEALS will be held
on WEDNESDAY, MARCH 13, 1985 at 1:30 p.m. in the TOWN AND
COUNTY BUILDING, FEDERAL AND BROAD STREETS, NANTUCKET, on the
Application of WALTER J. GLOWACKI AND ANNE GLOWACKI (025 -85)
seeking a SPECIAL PERMIT under SECTION 4.C.2.C. (11) (asphalt
manufacturing facilities) of the Zoning By -Law. If granted,
the Applicants would be allowed to expand an existing asphalt
plant on property located OFF OLD SOUTH ROAD, ASSESSOR'S SHEET
68 PARCEL 57, LC PLAN 16514 -29 LOT 184 and is zoned RESIDENTIAL
COMMERCIAL.
,% /� •/ William R. Sherman, Acting Chairman
���`'�'G•n -�- BOARD OF APPEALS
(,4,6
AB -1
FEE Case No.
APPLICATION TO THE BOARD OF APPEALS
Nantucket , Massachusetts
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 Prcperty off Old south Road
Lot No. AAs _�ors Sheet 6S Parcel 5- -,. C. iar, 1651 =i -2, Lct 1�:
District is Zoned for �csidenti: i - Co:uncrcal
Type of structure (Existing or Propobed) or proposed use: ' h, It i'1::;=
Owner'a Name Itcr ,i. Glow:jckI F, Anne GIOWN,CkI
Owner's Address Old South Road
When did you acquire this property ?. 196; —
Has application been filed at B•ailding Department? 1'os
Has any previous appeal been made.? Yes
Section of By -law or Code from which relief is requested: a.C. z.C. (21)
'\
Reason for asking relief- By -Law provides that Board of Appeals may grant a
Special Permit for asphalt manufacturing facilities in R -C Districts
By Their Attorney,
Signature of applicant :-.,
Richard J. Glidden
ATTACH: (1) A list of the names and addresses of each abutting owner and
owner abutting the abutters.
$100.00
(2) Check in the amount of *SOxD&made payable to the Town of
Nantucket.
(3) Map or plan showio the location of the property to be
considered.
I
(4) If the applicant is ether than the owner, please indicate your
authority to make 'this application.
BOARD'S DECISION
Application submitted to Board : Zl1,S1 r�S
Advertising dates
Hearing date
Decision of Board
IJecinion filed with the Town a rk
n
SUBDIVISION PLAN OF LAND IN NANTUCKET -
.Z Schofield Brothers, Inc., Surveyors /u 5 `/ /gL L
January 31, 1973 SHEET / OF .0
LOVERS (66. 0,9 wide) LANE
d. n. d h.
re. CS
L. C. P10 11 16514 F
d. h.
L.C. Plan 16514 H
1"
Carl No. 5609
O
Cer/. No. 5609
O
93 92
3
»Y�
S SM
90 89
�8
d h'
20° 41' CO. 34"E
3
o
I... O
c
� I
u� U
J I�
n
SUBDIVISION PLAN OF LAND IN NANTUCKET -
.Z Schofield Brothers, Inc., Surveyors /u 5 `/ /gL L
January 31, 1973 SHEET / OF .0
LOVERS (66. 0,9 wide) LANE
d. n. d h.
re. CS
L. C. P10 11 16514 F
S.S.
L.C. Plan 16514 H
1"
Carl No. 5609
Cer/. No. 5609
93 92
S SM
90 89
88
d h'
20° 41' CO. 34"E
o
I... O
55.'Y'
u� U
d.h dh'
G.B. 9 °
N 20 41' C•g 34"
.g
�^
i�
z
11500 11500
� • m
O 1
147
8
z�
0
W ti
O Y
0.z
/48
,a0
p F�
O
F� O O
/
5 /
y� fYi Fri
S.SM�
'
U W
W G
EaY Q
6'
262
8.
�SS'M
/5.00
S•M'
40
0.o =4A
S 20 4/ SS 34 W
•10 GREGL,EN (50000 Wide/
/45
,
.0.
pA
S.SM
/ /BOO /8.C,0
sy ,1 O
mwa
r'./v
n
SUBDIVISION PLAN OF LAND IN NANTUCKET -
.Z Schofield Brothers, Inc., Surveyors /u 5 `/ /gL L
January 31, 1973 SHEET / OF .0
LOVERS (66. 0,9 wide) LANE
d. n. d h.
re. CS
L. C. P10 11 16514 F
L.C. Plan 16514 H
Carl No. 5609
Cer/. No. 5609
93 92
91
90 89
88
d h'
20° 41' CO. 34"E
135.00_ CO-
271.05
d.h dh'
G.B. 9 °
N 20 41' C•g 34"
//5.00
11500 11500
147
Z3 3
3
W ti
S 20° 41'
/ 34•' W
/48
,a0
y
�
SSM m
/49 m 150
/
5 /
::26983
4 6
_
b 2
v
W G
6'
262
8.
�SS'M
/5.00
S•M'
S 20 4/ SS 34 W
•10 GREGL,EN (50000 Wide/
/45
dr
N '20° S.5 .
8
AVE.
41' 34 •• E Syd.n.
CB 9800
/ /BOO /8.C,0
r'./v
267.8/
186
o 8
8
0 0 3 g 169 3 N
170 171
o 172
5 20° 41' 34 "K'
O b
3 N
N
26690
•b
sy
=
b
W
N
H
j
187
0
g�
ss "'
5
N
8 _ / /Boo .�
/;Boo /i8. c
_ s"`
S 20'41' 34 • W
5� N
265 79
188
g Q= 168 0
167 s
-
/66
$ 165
S 20° 41' 34 °W
' oO 2
%
%
b O
8
189
y dh. - 3 Ai
G'e _ 98 00 _
//8.00 / /8.00
5•
5 M'
201 263.76 w
,' S. M. d'C.B S S. h� 20° 4/ `�'Qqr 34" W
NANCY ANN (W %deg
dh.
LANE
O ^r8
/90 ° d.h.
g G.B.
262.75 50.00_
S 20° 41' 34•' W _
/84
(See Sheet 4 )
her — and ql _Sheetls -ay h�u 4 osed f5r lad /451hru /90
By the Court.
9�/976 - ecorder.
,f
Copy of pa orp/an
LAND RLSIS RAT /ON OFF /C£
FEB. 9, /976
Sca /e of this plan / feet to an inch
R.L. Woodbury, Engineer toe Court
t
7
I
f;_ r
.y`�
E
r`
L.C. 111,717 /6514 C SA 2
CciL No. ......
eer
S h /83
( See Slvp3 36 E rSS,N
159
/60W
z
at'^
0
N
N /6/ d.h.
4B�
C7 �
/62
y /63 Qt
e l
/64 g W W
V.
/65 8
/84 °
/66 = �:
/6T z
y --- r
/68 " ""Zo��'
d Z /, C9° /B2C"W
DAVK /M /W H/ L ANE dl
188169 190
M M
f See Sheep /) v
N
59738
5.5M. N 69° 53' 1.3 W
Own-us unknown
n
o�
M.
z
4 �
tN O
o
V �
/65/4 Z
SHEET 4 OF 4
d� 0•
te
r
G
i
{
F
V
CL2
.9
3
1 g
!r
r'
TCv', /1" OF n'.N'�'TUCFET
' oard of t� ppea s
List of parties in interest in the platter of 4h E: petition of:
ame :_ Walter J. Glowacki t, Anne Gloway r,
1ctdres:4: Old South Road
F rope rt% address: Off Old Solith Road
Mary I:. Glowacki
Old South Road
Nantucket, MA 02554
Town of Nantucket
Town u County Building
Nantucket, MA 02554
David D. Glowacki
20 Greglen Avenue
Nantucket, MA 02554
Nancy Ann Glowacki
Old South Road
Nantucket, MA 02554
Walter J. Glowacki & Sons, Inc.
Old South Road
Nantucket, MA 02554
Surfside Realty Trust
c/o Robert F. Mooney
Federal Street
Nantucket, MA 02554
John E. & Mary F. Kendall
13 Newtown Road
Nantucket, MA 02554
Seth S. Doane
Nantucket, MA 02554
Roy C. $ Mary Ann Egan
Old South Road
Nantucket, MA 025S4
/-?/7 /
I cei -tify the forep;oing is a list of persons who are owners of land abutting the
roper ty and owners of land directly opposite the vroverty an anv gtr.wt ^V- .e..,