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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..,